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Paragraph 6 I1I2C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An answer or information given orally by a person in response to a question asked under paragraph 1 or 2 may not be used in evidence in criminal proceedings.

(2)

Sub-paragraph (1) does not apply—

(a)

in the case of proceedings under paragraph 23,

(b)

on a prosecution for perjury, or

(c)

on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the answer or information mentioned in sub-paragraph (1).

(3)

A statement may not be used by virtue of sub-paragraph (2)(c) unless—

(a)

evidence relating to it is adduced, or

(b)

a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

(4)

In sub-paragraph (2)(b) the reference to a prosecution for perjury is—

(a)

in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911;

(b)

in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).

Annotations

Modifications

C1

Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

Commencement

I1

Sch. 3 para. 6 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2

Sch. 3 para. 6 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

Notes on Schedule 3

Modifications

C2

Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C3

Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6