Article 21E StatementsF1

England, Wales and Northern Ireland

(1)

A statement made by a person in response to a requirement imposed by an unexplained wealth order may not be used in evidence against that person in criminal proceedings.

(2)

Paragraph (1) does not apply—

(a)

in the case of proceedings under F2Part 2 or 4 of the Proceeds of Crime Act 2002 (confiscation: England and Wales F3or Northern Ireland),

(b)

in the case of proceedings under F4Part 2 or 4 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (giving effect in England and Wales F5or Northern Ireland to external requests in connection with criminal investigations or proceedings and to external orders arising from such proceedings),

(c)

on a prosecution for an offence under section 5 of the Perjury Act 1911 F6or Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements), or

(d)

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)(d) against a person unless—

(a)

evidence relating to it is adduced, or

(b)

a question relating to it is asked,

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

Annotations

Textual amendments

F1: Arts. 21A-21G inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 7
F2: Words in art. 21E(2)(a) substituted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 46(a)(i)
F3: Words in art. 21E(2)(a) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 46(a)(ii)
F4: Words in art. 21E(2)(b) substituted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 46(a)(i)
F5: Words in art. 21E(2)(b) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 46(a)(ii)
F6: Words in art. 21E(2)(c) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 46(b)