A ruling on the admissibility of evidence made during a criminal trial in the District Court is not an 'interlocutory judgment or order' within s 5F(3) of the Criminal Appeal Act 1912 (NSW), and an accused person cannot appeal such a ruling during the trial. The accused's remedy is a full appeal against conviction if ultimately convicted. Trial judges should grant certificates under s 5F(3)(b) only where there is substantial doubt about the correctness of the order.
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