When a video-recorded interview of a deceased or unavailable witness contains multiple types of evidence (direct evidence, uncharged acts, complaint evidence, admissions), each type must be separately assessed for probative value against prejudicial effect under s 137 of the Evidence Act 1995. Evidence of an alleged admission by the accused to the deceased witness has little probative value as 'context evidence' and is highly prejudicial where the witness cannot be cross-examined. Where uncharged sexual acts are admitted as context evidence from a source other than the complainant, the jury must be warned against using the evidence for propensity reasoning.
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