Practitioners advising clients who wish to challenge interlocutory Local Court criminal decisions or a magistrate's refusal to issue a Court Attendance Notice for a private prosecution must proceed by way of judicial review under s 69 of the Supreme Court Act 1979 in the Common Law Division — not by appeal to the District Court or Court of Appeal — as no statutory right of appeal exists for such decisions and the District Court has no inherent jurisdiction to fill that gap.
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