12AC—Effect of orders made at pre-trial special hearing
(1) An order made by
the court at the pre-trial special hearing as to the admission of a recording
of evidence of a witness (being an order under section 13BA) is taken to
have been made for the purposes of the trial and, subject to
subsection (2), is binding on the trial court provided that, during the
course of the trial, the witness is available, if required, for further
examination, cross-examination or re-examination.
(2) An order referred
to in subsection (1) is not, however, binding on the trial court if the
trial court is satisfied, on application by a party to proceedings and based
only on matters that have arisen or become known after the making of the order
at the pre-trial special hearing, that the order should not be binding (either
in respect of all or part of the evidence to which the order relates, as the
court considers appropriate).
(3) Despite
subsection (1), the witness cannot be further examined, cross-examined or
re-examined at the trial on the evidence admitted pursuant to an order made at
the pre-trial special hearing without the permission of the trial court which
may only be given—
(a) if
the trial court is satisfied, on application by a party to proceedings, that a
party to the proceedings has, since the pre-trial special hearing, become
aware of a matter of which the party could not reasonably have been aware at
the time of the pre-trial special hearing; or
(b) if
the witness gives evidence in the trial apart from or in addition to evidence
admitted pursuant to an order made at the pre-trial special hearing and the
trial court is satisfied that it is in the interests of justice that the
witness be further examined, cross-examined or re-examined at the trial; or
(c) if
the trial court is satisfied that it is otherwise in the interests of justice
to permit the witness to be further examined, cross-examined or re-examined.
(4) A reference in
this section to the trial court includes any subsequent trial following a stay
of proceedings, discontinuance of an earlier trial or an appeal.