What requirement must be fulfilled for a witness to use a document to refresh their memory in court?

A witness can use a document to refresh their memory in court, provided that the court grants permission, known as leave. This requirement ensures that the process of refreshing memory is conducted in a manner that maintains the integrity of the court proceedings. It allows the judge to assess the relevance and appropriateness of the document, as well as to control the flow of evidence being presented.

When a witness is allowed to review the document, it provides context and aids in their testimony, potentially leading to more accurate and reliable evidence. The judge's oversight is crucial to ensure that the refreshing of memory does not unfairly influence the witness or compromise the fairness of the trial.