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Severance

Legal terms A-Z

When a defendant’s trial is separated from the trials of others involved in the same incident.

For example, the court may order that a child’s trial be severed from an adult co-defendant‘s if it is better and in the interests of justice for the child’s trial to remain in the youth court.

Similarly a defendant who is a vulnerable child may have their trial severed from a child defendant who is not vulnerable. The court should order for severance if it is satisfied that a fair trial cannot be achieved by use of appropriate special measures or other support for the defendant.

Once a child has entered a plea in the Crown Court, a successful application for severance would only result in a separate trial for the child in the Crown Court, as there is no power to remit back to the youth court.

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The materials on the YJLC website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. YJLC disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters.

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