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An efficient justice

An efficient justice

By Andrew Field


Snapshot Interlocutory appeals in criminal trials have been part of Victorian law since the introduction of the Criminal Procedure Act 2009. They allow for timely review of judicial decisions prior to the verdict and so prevent subsequent appeals and costly retrials. Greater familiarity and practical experience with interlocutory appeals has led to their recent increased use. Interlocutory appeals in criminal trials present the advantage of resolving judicial errors while a trial is underway and so prevent subsequent appeals and costly retrials but also pose challenges to lawyers, policy makers and the administration of justice. Introduction of law Before the introduction of the Criminal Procedure Act 2009 (CP Act), there was no right to appeal a judge’s rulings prior to the conclusion of a trial. The right to appeal was limited to situations prescribed in the legislation.1 However, as outlined by then Attorney-General Rob Hulls in the second reading speech2 for the CP Act:

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