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This submission is a comparative investigation which focuses on issues of fairness and procedural legitimacy during a trial where an adult and a child are co-accused in the same instance

April 18, 2019 0 Comment

This submission is a comparative investigation which focuses on issues of fairness and procedural legitimacy during a trial where an adult and a child are co-accused in the same instance. It is submitted that the principles of separation are theoretically grounded in the Criminal Procedure Act and their juxtaposition with the Child Justice Act, when used simultaneously at trial, create a complicated procedural synergy. The question that arises from this investigation is whether the Child Justice Act, applied at the joint trial of an adult and child co-accused, is effective in protecting both parties’ constitutional right to a fair and speedy trial.