(1) Where the conditions specified in subsection (2) exist then, in criminal proceedings, if the person who made a previous representation is available to give evidence about an asserted fact, the hearsay rule does not apply in relation to evidence of the previous representation that is given by—
(a) that person; or
(b) a person who saw, heard or otherwise perceived the representation being made.
(2) The conditions referred to in subsection (1) are—
(a) that at the time when the representation was made, the occurrence of the asserted fact was fresh in the memory of the person who made the representation; and
(b) that the person who made the representation has been or is to be called to give evidence in the criminal proceedings.
(3) Subsections (1) and (2) do not apply in relation to evidence adduced by the prosecutor of a representation that was made for the purpose of indicating the evidence that the person who made it would be able to give in proceedings.
(4) Where subsections (1) and (2) apply in relation to a representation, a document containing the representation shall not, unless the court gives leave, be tendered before the conclusion of the examination-in-chief of the person who made the representation.