Interlocutory appeals

Interlocutory appeals relate to trials in progress in the County or Supreme Courts. If the judge in the trial makes a ruling with which the defence or prosecution disagrees, the defence or prosecution may apply to the Court of Appeal for leave to appeal against the ruling. The trial is usually adjourned for a short period to allow the Court of Appeal to consider the matter. The Court of Appeal determines the application and has regard to the extent of any disruption or delay to the trial and whether the Interlocutory appeal may:

  • render the trial unnecessary
  • substantially reduce the time required for the trial
  • resolve a necessary issue of law, evidence or procedure
  • reduce the likelihood of a successful appeal after the trial, and
  • any other relevant matter.

The court will proceed to hear the appeal, if leave is granted. The court determines the appeal and may affirm or set aside the ruling of the trial judge. If the ruling is set aside, the Court of Appeal may make a ruling which it considers the trial judge should have made, or refer the matter back to the original court.

Because interlocutory appeals relate to trials in progress, they are usually conducted by the solicitors and counsel involved in the original trial, not Appeals solicitors.