Section 424A(2) of the Crimes Act 1900 (NSW) is not self-executing: the words 'not admissible' mean 'not admissible over objection', so defence counsel must object to untaped admissions or the evidence will be received. Untrue exculpatory statements made to police and relied upon as evidencing consciousness of guilt are 'admissions' within s424A. Where the Crown fails to notify the defence in a timely manner that a witness it intended to call cannot be located, the trial judge should grant an adjournment to allow the defence the opportunity to locate the witness, and should not require the defence to demonstrate that the witness can in fact be found.
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