Article 42 Admissible evidence

(1)

An answer given by a person in compliance with article 40(1)(c)(ii) is admissible in evidence—

(a)

in England, Wales and Northern Ireland, against that person in any proceedings;

(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

Footnotes

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