63Witness may be required to attend hearing

63 Witness may be required to attend hearing (1) This section applies if an audiovisual recording of a witness’s evidence given at a pre-trial hearing is admitted in evidence at the hearing of a relevant proceeding. (2) The accused person may apply to the court for an order that the witness attend the hearing of the relevant proceeding to give further (3) The court must not make the order unless satisfied that— (a) if the witness had given evidence in person at the hearing of the relevant proceeding—the witness could be recalled; and (b) it is in the interests of justice to make the order. (4) If the courtroom where the relevant proceeding is heard and an external place are linked by an audiovisual link, a witness recalled to give evidence under this section must give evidence by audiovisual link under division 4.3.5, unless the court otherwise orders. (5) The court may make an order under subsection (4) only if satisfied (a) the witness prefers to give evidence in the courtroom; or (i) the relevant proceeding may be unreasonably delayed; or Giving evidence at pre-trial hearing Division 4.3.4 (6) While the witness is at the external place to give evidence, the place is taken for all purposes (other than section 62 (4)) to be part of the courtroom in which the hearing is held.