For paragraph 3 of that Schedule (use at retrial under Army Act 1955 of record of evidence given at original trial) substitute—

“3

Evidence given at the retrial of any person under section 19 of this Act shall 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, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion).”