A refusal to permit a Basha inquiry does not automatically constitute an interlocutory judgment or order under s 5F(3)(a) of the Criminal Appeal Act 1912. Whether it does depends on the character and legal effect of the decision. Where the refusal amounts in substance to a refusal to compel the attendance of a witness (e.g., refusal to issue a subpoena or make an order under s 36(1) of the Evidence Act 1995), it will constitute an appealable interlocutory order. Where the exchange between bench and counsel does not crystallise into a formal order or refusal of an order, there is no interlocutory judgment or order to appeal.
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