Article 49 Admissible evidenceI1

United Kingdom

(1)

An answer given by a person in compliance with article 47(1)(c)(ii) is admissible in evidence—

(a)

in England, Wales and Northern Ireland, against that person in any proceedingsF1,

(b)

in Scotland, against that person in criminal proceedings.

(2)

In criminal proceedings in which the person referred to in paragraph (1) is charged with an offence, no evidence relating to the person’s answer may be adduced and no question relating to it may be asked by, or on behalf of, the prosecution unless evidence relating to it has been adduced by, or on behalf of, the person.

(3)

Paragraph (2) does not apply to an offence under—

(a)

section 5 of the Perjury Act 1911^f1,

(b)

section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995^f2, or

(c)

article 10 of the Perjury (Northern Ireland) Order 1979^f3.

Annotations

Textual amendments

F1: Art. 49: comma substituted for semicolon (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 4

Commencement

I1: Art. 49 in force at 26.5.2021, see art. 1

Footnotes

f1: 1911 c. 6.
f2: 1995 c. 39; section 44(2) was amended by the Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13), section 200(2)(b).
f3: 1979 No. 1714 (N.I. 19).