Commentary on Sections Part 9: Prosecution Appeals Section 62: Right of appeal in respect of evidentiary rulings
287.This section provides that the prosecution may appeal either a single or two or more qualifying evidentiary rulings. Like the right of appeal in section 58 this right of appeal will only be available to the prosecution.
288.Subsection (2) defines a qualifying evidentiary ruling as one made by a judge in relation to a trial on indictment at any time before the opening of the case of the defence (defined in subsection (8)).
289.Subsections (3) and (4) limit the right of appeal to a qualifying ruling or rulings that relate to qualifying offences, regardless of whether the ruling also relates to other (non-qualifying) offences.
290.Subsections (5), (6) and (7) set out the procedure that must be followed when the prosecution is seeking to appeal against a single or two or more qualifying evidentiary rulings.
291.Before the opening of the case for the defence, the prosecution must inform the court that it intends to appeal and give details of the ruling or rulings and the offences, including the qualifying offences to which the appeal relates.
292.Subsection (9) makes clear that the term “evidentiary ruling” includes rulings that relate both to the admissibility and the exclusion of any prosecution evidence. It also defines a qualifying offence as one listed in Schedule 4.