The repeal of Rule 9 of the 1971 Rules and its replacement by CrPR 31.2(4) has in our view removed the technical barriers to joinder in appropriate cases. We consider that in a case where the evidence on one count would be properly admissible on the other as evidence of bad character it is difficult to argue that the defendant would be "prejudiced or embarrassed in his defence" by having both counts or sets of counts on the same indictment. The judge is not required to order severance of the indictment and separate trials unless on their proper construction the rules compel it, or there is some other factor (such as the need to avoid overloading the indictment or over-burdening the jury) making separate trials desirable.
As the single judge observed, the case of R v D, P and U  1 WLR 676 is clear authority that where a defendant is charged with any prohibited sexual activity involving children, evidence that he had viewed or collected child pornography is capable of being admissible pursuant to sections 101(1)(d) and 103(1) of the Criminal Justice Act 2003 as demonstrating a sexual interest in children: although, as Hughes LJ observed at paragraph 19: "It will not always be so. There may be a sufficient difference between what is viewed and what is alleged to have been done for there to be no plausible link. It may be right to exclude the evidence as a matter of discretion, particularly if its probative value is marginal. But that it is capable being admitted under gateway (d) we entertain no doubt."