A judge's refusal to recuse on the ground of apprehended bias is an 'interlocutory decision' within s 3 of the Criminal Procedure Act 2009 (Vic) and is ordinarily of sufficient importance to justify interlocutory appeal under s 295(3)(b), provided the application is serious rather than frivolous. The broad Victorian definition is distinguished from the narrower NSW position under s 5F of the Criminal Appeal Act 1912 (NSW). Bail revocation without legislative warrant, combined with intemperate judicial remarks to an unrepresented accused, can give rise to apprehended bias.
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