Tasmanian Numbered Acts

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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 43

Joinder of charges in charge sheet
(1)  Except as otherwise provided in another Act, 2 or more offences may be joined in one charge sheet if –
(a) those offences arise substantially from the same facts or closely related facts; or
(b) those offences are, or form part of, a series of offences of the same or similar character.
(2)  If 2 or more offences are joined in one charge sheet, the description of each offence is to be set out in a separate numbered paragraph.
(3)  If more than one offence is joined in one charge sheet and the description of each offence is set out in a separate paragraph, the charge for each offence is to be regarded as a separate charge.
(4)  If one paragraph of a charge sheet contains more than one offence, the Court, at any time during the proceedings and on such conditions as it considers appropriate, may permit the prosecutor –
(a) to amend that paragraph so that it only contains one offence; and
(b) to add new paragraphs that each contain one of the offences that were contained in the original paragraph.
(5)  At any stage in the proceedings, the Court may order that a separate hearing be held in respect of any offence joined in a charge sheet –
(a) if it appears to the Court that the defendant may be prejudiced in his or her defence by hearing and determining the charges together; or
(b) if it appears to the Court that an offence has been joined with one or more other offences in one charge sheet in contravention of subsection (1) ; or
(c) for any other reason that the Court considers appropriate.



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