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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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