When a hearing on a juvenile's criminal case is related to another suspect's case, must the procedure still be separated, and when may it not be?
General information · Not legal advice
Material to check
In a practice file, we read the papers showing that the matter is a criminal case concerning a juvenile, the record showing how it is related to another suspect's case, and the hearing record, which would show whether the procedure was in fact separated and any reason the court gave for not separating it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as stated: where a hearing on a criminal case concerning a juvenile is related to another suspect's case, and separating the procedure would not impede the hearing, the procedure shall be separated, and 'shall' leaves the court no choice on that condition.
Another reading turns on the exception: the duty to separate is displaced only where separating would impede the hearing, so the provision leaves open what counts as such an impediment and what the file must record to show one.
Your judgment
What in the hearing record would show that separating the procedure would have impeded the hearing, so that the court was entitled not to separate it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to define the exception or to extend separation beyond juvenile criminal cases, or if a court decision explains what counts as an impediment to the hearing.