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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Proceedings conducted together

139: Procedure if charges to be heard together

You could also call this:

"What happens when you face multiple charges at the same time"

Illustration for Criminal Procedure Act 2011

If you have more than one charge against you and they are to be heard together, you need to know what will happen. If one of your charges is to be tried by a jury, then all your charges must be tried by a jury. If one of your charges is to be tried in the High Court, then all your charges must be tried in the High Court.

When your charges are heard with charges against someone else, usually all the charges will be tried together. This means if one person chooses to be tried by a jury, everyone's charges will be tried by a jury. If one charge is to be tried in the High Court, all charges against everyone will be tried in the High Court. If you are tried by a jury with someone else, you will be treated as if you chose a jury trial, even if you did not.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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138: Trial of different charges together, or

"Hearing multiple charges at the same time in court"

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140: Procedure if charges to be heard together include new charges, or

"What happens when you get a new charge and you already have other charges against you"

Part 5General provisions
Conduct of proceeding: Proceedings conducted together

139Procedure if charges to be heard together

  1. If, in accordance with section 138, 2 or more charges against a defendant are to be heard together—

  2. if 1 charge is to be tried by a jury, all charges must be tried by a jury; and
    1. if 1 charge is to be tried in the High Court, all charges must be tried in the High Court.

      1. If in accordance with section 138 the charges against a defendant are to be heard with charges against 1 or more other defendants, unless there are exceptional circumstances that make separate trials necessary in the interests of justice, then,—

      2. if 1 defendant elects to be tried by a jury on 1 charge, all charges against all the defendants must be tried by a jury; and
        1. if 1 charge is to be tried in the High Court, all charges against all defendants must be tried in the High Court; and
          1. if the charges against more than 1 defendant are tried by a jury, for the purposes of this Act, each defendant must be treated as if he or she had elected trial by jury.

            Compare
            Notes
            • Section 139(2)(b): amended, on , by section 37(1) of the Courts Matters Act 2018 (2018 No 50).
            • Section 139(2)(c): inserted, on , by section 37(2) of the Courts Matters Act 2018 (2018 No 50).