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, Joinder and Severance of Defendants
Joinder: Defendants may also be joined on the same indictment if the counts may be correctly joined, i.e. they arise out of the same facts or are part of the series of
offences. There is a presumption in favour of joint trial.
Severance: Where the defendants are joined correct, they may be severed at the judge’s discretion and two separate trials ordered.
Misjoinder: Where the counts are not joined correct the judge CANNOT sever them.