A refusal of an order under s 197 of the Criminal Procedure Act 2009 (Vic) is not an 'interlocutory decision' amenable to appeal under s 295, because orders under s 197 are incidental to the trial and not made 'in the proceeding'. The term 'legal representation' in s 197 embraces only representation by legal practitioners and does not extend to the provision of clothing, stationery, McKenzie friends or expert witnesses. Vasilou v The Queen [2014] VSCA 22 is not authority to the contrary, as the competence issue was not decided in that case.
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