Section 23 of the Act of 2010 is amended -

(a) in subsection (3)(a) -

(i) by the substitution, in subparagraph (i), of "subsection (1)," for "subsection (1), or", and

(ii) by the insertion of the following subparagraph after subparagraph (i):

"(ia) during the course of a preliminary trial hearing within the meaning of the Criminal Procedure Act 2021 which was not appealed under section 7 of that Act, or",

and

(b) by the substitution of the following subsection for subsection (14):

"(14) In this section -

'compelling evidence', in relation to a person, means evidence which -

(a) is reliable,

(b) is of significant probative value, and

(c) is such that, when taken together with -

(i) all the other evidence adduced in the proceedings concerned, and

(ii) to the extent that such evidence has not been adduced, the relevant evidence proposed to be adduced in the proceedings,