Subpart 2Appeals against pre-trial decisions

First appeals

215 Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case
  • (1) This section applies if a Judge makes a decision specified in subsection (2) in proceedings to be tried by a Judge alone.

    (2) The defendant or the prosecutor may, with the leave of the first appeal court, appeal to that court against a decision that is one of the following:

    • (a) making or refusing to make an order under section 79 (as to admissibility of evidence):

    • (b) granting or refusing to grant permission under section 44 of the Evidence Act 2006 (which relates to the cross-examination of a complainant):

    • (c) giving or refusing to give leave on an application under section 109(1)(d) of the Evidence Act 2006 (which relates to the identity of a witness):

    • (d) making or refusing to make a witness anonymity order under section 112 of the Evidence Act 2006.

    Compare: 1961 No 43 s 379A(1)(aa), (e), (f), (g)