(1) The prosecution must not rely on evidence of conduct as evidence of incriminating conduct unless—
(a) the prosecution has given notice in accordance with section 19; and
(b) the trial judge determines that, on the basis of the evidence as a whole, the evidence of conduct is reasonably capable of being viewed by the jury as evidence of incriminating conduct.
A trial judge may make a determination under paragraph (b) even where the evidence of conduct relates only to an alternative offence.
(2) Subsection (1) applies even if the evidence of conduct may be admissible for another purpose.