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Clause 295 Right of appeal against interlocutory decision

(1)This section applies to a proceeding in the County Court or the Trial Division of the Supreme Court for the prosecution of an indictable offence.

(2)Subject to this section, a party to a proceeding referred to in subsection (1) may appeal to the Court of Appeal against an interlocutory decision made in the proceeding if the Court of Appeal gives the party leave to appeal.

See the definition of interlocutory decision in section 3.

(3)A party may not seek leave to appeal unless the judge who made the interlocutory decision certifies—

(a)if the interlocutory decision concerns the admissibility of evidence, that the evidence, if ruled inadmissible, would eliminate or substantially weaken the prosecution case; and

(b)if the interlocutory decision does not concern the admissibility of evidence, that the interlocutory decision is otherwise of sufficient importance to the trial to justify it being determined on an interlocutory appeal; and

(c)if the interlocutory decision is made after the trial commences, either—

(i)that the issue that is the subject of the proposed appeal was not reasonably able to be identified before the trial; or

(ii)that the party was not at fault in failing to identify the issue that is the subject of the proposed appeal.

(4)A request for certification under subsection (3) must be determined as soon as practicable after the request is made.