OpenLegislation

Paragraph 127 Admissibility of statements made to investigatorsI1I2

United Kingdom

(1)

A statement made to an investigator appointed under paragraph 121 or 122 by a person in compliance with an information requirement is admissible in evidence in any proceedings, so long as it also complies with any requirement governing the admissibility of evidence in the circumstances in question.

(2)

But in criminal proceedings in which that person is charged with an offence to which this sub-paragraph applies—

(a)

no evidence relating to the statement may be adduced, and

(b)

no question relating to it may be asked—

by or on behalf of the prosecution, or the Bank (as the case may be), unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(3)

Sub-paragraph (2) applies to any offence other than one under—

(a)

paragraph 132,

(b)

section 398 of FSMA 2000 (misleading FCA or PRA: residual cases),

(c)

section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(d)

section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(e)

Article 10 of the Perjury (Northern Ireland) Order 1979 (false declarations etc).

(4)

“Information requirement” means a requirement imposed by an investigator under paragraph 125, 126 or 128.

Annotations

Commencement

I1

Sch. 11 para. 127 not in force at Royal Assent, see s. 86(3)

I2

Sch. 11 para. 127 in force at 31.12.2023 by S.I. 2023/1382, reg. 8(b)