An alibi notice that is inconsistent with a subsequent admission of presence at the scene is admissible as evidence of consciousness of guilt with Edwards directions, even where the accused has formally admitted presence. If the trial judge limits the notice to credibility only, the risk that the jury will engage in impermissible consciousness of guilt reasoning may require exclusion under s 137 of the Evidence Act 1995. Where defence counsel's failure to object at trial is explicable as a tactical decision to avoid a more damaging ruling, Rule 4 will ordinarily preclude the point being raised on appeal.
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