When video-recorded evidence is replayed to a jury during deliberations, the judge, counsel, and the accused should ordinarily all be present, and the replaying constitutes a continuation of the trial for the purposes of s 617(1) of the Criminal Code. Where a second s 93A statement contains significantly more serious allegations than the first, and there is evidence of motive to fabricate, directions under s 102 of the Evidence Act 1977 (or equivalent warnings about reliability) should be given even if not requested by defence counsel. Directions under s 21AW(2)(c) about the routine nature of pre-recorded evidence are not a substitute for s 102 directions about the weight and reliability of the evidence.
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