(1) Where the trial court makes a relevant order at a preliminary trial hearing to the effect that evidence shall not be admitted at the trial of the offence, the prosecution may, subject to subsection (2), appeal the order on a question of law to -

(a) the Court of Appeal, or

(b) in the case of an order made by the Central Criminal Court, the Court of Appeal or the Supreme Court under Article 34.5.4° of the Constitution.

(2) An appeal referred to in this section shall lie only where the relevant order concerned made by the trial court erroneously excluded evidence which is -

(a) reliable,

(b) of significant probative value, and

(c) such that when taken together with the relevant evidence proposed to be adduced in the proceedings a jury, or in the case of an offence being tried before a Special Criminal Court, that court, might reasonably be satisfied beyond a reasonable doubt of the accused's guilt in respect of the offence concerned.