Pre-recorded video evidence under s 21AM of the Evidence Act 1977 (Qld), which contains both evidence-in-chief and cross-examination, may be viewed by the jury during deliberations without the court being formally reconvened. The rationale for the rule in R v H preventing s 93A video evidence going to the jury room (that it contains only evidence-in-chief) does not apply to s 21AM recordings. The retrospective amendments to s 93A enacted by the Justice and Other Legislation Amendment Act 2005 (Qld) mean that statements made by persons who were children when the statement was made are admissible regardless of whether the maker is still a child at the time of trial.
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