Article 19 StatementsI1

England, Wales and Northern Ireland

(1)

A statement made by a person in response to a requirement imposed on them under a disclosure order may not be used in evidence against them in criminal proceedings.

(2)

But paragraph (1) does not apply—

(a)

in the case of proceedings under Part 2 or 4 of the Proceeds of Crime Act 2002^f1,

(b)

in the case of proceedings under Part 2 or 4 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005^f2,

(c)

on a prosecution for an offence under article 18(1) or (3) of this Order,

(d)

on a prosecution for an offence under section 359(1) or (3) of the Proceeds of Crime Act 2002,

(e)

on a prosecution for an offence under section 5 of the Perjury Act 1911^f3 or Article 10 of the Perjury (Northern Ireland) Order 1979^f4 (false statements), or

(f)

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

(3)

A statement may not be used by virtue of paragraph (2)(f) against a person unless—

(a)

evidence relating to it is adduced, or

(b)

a question relating to it is asked,

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

Annotations

Commencement

I1: Art. 19 in force at 11.11.2013, see art. 1(1)

Footnotes

f1: 2002 c. 29.
f2: S.I. 2005/3181.
f3: 1911 c. 6.
f4: S.I. 1979/1714 (N.I. 19).