South Australian Numbered Acts

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STATUTES AMENDMENT (CRIMINAL PROCEDURE) ACT 2005 (NO 74 OF 2005) - SECT 12

12—Amendment of section 42—Appeals

Section 42(1a)—delete subsection (1a) and substitute:

        (1a)         An appeal does not, however, lie against an interlocutory judgment unless—

            (a)         the judgment stays the proceedings; or

            (b)         the judgment destroys or substantially weakens the basis of the prosecution case and, if correct, is likely to lead to abandonment of the prosecution; or

            (c)         the Court or the appellate court is satisfied that there are special reasons why it would be in the interests of the administration of justice to have the appeal determined before commencement or completion of the trial and grants its permission for an appeal.



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