(1) Despite sections 436 and 437 , the court may admit a record of questioning or a record of a confession or admission (the
"record" ) in evidence even though the court considers this division has not been complied with or there is not enough evidence of compliance.
(2) However, the court may admit the record only if, having regard to the nature of and the reasons for the noncompliance and any other relevant matters, the court is satisfied, in the special circumstances of the case, admission of the evidence would be in the interests of justice.