Where s 93A recorded interviews are made available to the jury in the jury room during deliberations, the trial judge must give a direction warning against disproportionate weight, even where no objection is taken by counsel. Similarly, where evidence of the accused's imprisonment is adduced, even if relevant, a direction must be given to overcome the prejudice attaching to it. The combined failure to give both directions constitutes a miscarriage of justice beyond the proviso.
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