373. Form in which recording of special hearing is to be tendered

373. Form in which recording of special hearing is to be tendered

(1) A recording referred to in section 370(1) that is tendered as evidence by the prosecution must be the best available record, or be comprised of the best available records, of the evidence of the complainant.

(2) In subsection (1)—
the best available record of the evidence, or any part of the evidence, means an audiovisual recording of the evidence.

(3) In exceptional circumstances and having regard to whether the accused would be unfairly prejudiced, the court may admit as evidence an audio recording of the evidence, or any part of the evidence, if an audiovisual recording of the evidence is not available.