Where the determination of joinder or severance of counts is at the heart of a pre-trial hearing, the absence of a formal order does not deprive the Court of Criminal Appeal of jurisdiction under s 5F, provided the character and effect of the decision amounts to a determination of that question. The reasonable possibility of concoction in tendency/coincidence evidence cases may be excluded where complainants were of different ages, in different classes, had no reason to socialise together, and made independent complaints — but not where a complainant was informed of another's allegation before making his own complaint.
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