Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 597A

597A Separate trials where 2 or more charges against the same person

(1) Where before a trial or at any time during a trial the court is of opinion that the accused person may be prejudiced or embarrassed in the person’s defence by reason of the person’s being charged with more than 1 offence in the same indictment or that for any other reason it is desirable to direct that the person should be tried separately for any 1 or more than 1 offence charged in an indictment the court may order a separate trial of any count or counts in the indictment.

(1AA) In considering potential prejudice, embarrassment or other reason for ordering separate trials under this provision in relation to alleged offences of a sexual nature, the court must not have regard to the possibility that similar fact evidence, the probative value of which outweighs its potentially prejudicial effect, may be the result of collusion or suggestion.

(1A) The court may discharge a jury sworn from giving a verdict on the count or counts directed to be tried separately.

(2) The procedure on the separate trial of a count shall be the same in all respects as if the count had been set out in a separate indictment.

(3) The court may adjourn a separate trial, remand the accused person and make such orders as to bail and otherwise as the court thinks fit.

(4) For the purposes of this section—

"adjourn a separate trial" includes postpone a separate trial in a case where the accused person has not been called upon to plead to a count in an indictment.