On what basis, and on whose application, may a court separate or join the argument in a criminal case?
General information · Not legal advice
Material to check
For this exercise, we read the court's written ruling separating or joining the argument, noting who applied or whether the court acted on its own initiative, and the hearing record showing what the court found it necessary to sever or join.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats this as the court's own call: where the court finds it necessary, it may, by a ruling, separate or join the argument, acting on its own initiative or on an application by the prosecutor, the accused or defence counsel.
Another reading notes that the provision lets the court separate or join the argument but says nothing about what follows from that decision, such as whether further argument must be held or on what schedule, so the provision leaves those consequences open.
Your judgment
When a ruling separates or joins the argument, what in the file could show the court that doing so is necessary?
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 change who may apply or what the court must find, or if a court decision explains what follows from separating or joining the argument.