# Counter-Terrorism and Border Security Act 2019, Section 16: Evidence obtained under port and border control powers


In Schedule 7 to the Terrorism Act 2000 (port and border controls), after paragraph 5 insert—
“
5A (1) An answer or information given orally by a person in response to a question asked under paragraph 2 or 3 may not be used in evidence against the person in criminal proceedings.
(2) Sub-paragraph (1) does not apply—
(a) in the case of proceedings for an offence under paragraph 18 of this Schedule,
(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) An answer or information 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)).”

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Source: https://www.legislation.gov.uk/ukpga/2019/3/section/16 (the official version)
Page: https://openlegislation.uk/counter-terrorism-and-border-security-act-2019/section-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.