28Complaint against several defendants

### 28 Complaint against several defendants > > (1)  Any number of persons who are alleged to be parties within the meaning of [section 73](#GS73@EN) to the same simple offence or who are alleged to be parties within the meaning of [section 3 of the](/view/html/inforce/2026-04-12/act-1924-069#GS3@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) to the same indictable offence may be joined in the same complaint and the charges against them may be heard together or separately, notwithstanding that a party to the offence is not included in the complaint or is not amenable to justice. > > > (2)  Where 2 or more persons are joined as defendants in the same complaint, whether in respect of the same offence or different offences, the justices may, at any time during the hearing, on the application of any of the defendants, direct that the hearing of the complaint against any of the defendants shall be had separately from the hearing of the complaint against the other or others of them.