Commentary on Sections Part 9: Prosecution Appeals Section 63: Condition that evidentiary ruling significantly weakens prosecution case
293.This section provides that leave to appeal a qualifying evidentiary ruling may not be given unless the judge or the Court of Appeal is satisfied that the relevant condition is met. This relevant condition is that a single ruling (or two or more rulings taken together) significantly weakens the prosecution case in relation to the offence or offences that are the subject of the appeal.