(1) Subject to subsection 32, the court may, if a party so requests, give such directions as are appropriate to ensure that specified documents and things used by a witness, otherwise than while giving evidence, to try to refresh his or her memory are produced to the party for the purposes of the proceedings.
(2) Where, without reasonable excuse, the directions referred to in subsection (1) have not been complied with, the court may refuse to admit the evidence given by the witness so far as the evidence concerns a fact in respect of which the witness tried to refresh his or her memory as mentioned in that subsection.