Post-offence demands to destroy evidence carry a high risk of inviting incriminating conduct reasoning and will be excluded under s 137 of the Evidence Act 2008 where their probative value on the facts in issue is slight, even where the prosecution does not expressly rely on the evidence as an implied admission; non-compliance with ss 19-21 of the Jury Directions Act 2015 in relation to such evidence constitutes a serious irregularity.
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