For paragraphs 1 and 1A of Schedule 2 to the Criminal Appeal Act 1968 (c 19) (oral evidence and use of transcripts etc at retrials under that Act) there is substituted—
(1) Evidence given at a retrial must be given orally if it was given orally at the original trial, unless—
(a) all the parties to the retrial agree otherwise;
(b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or
(c) the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section,
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