# The Proceeds of Crime Act 2002 (External Investigations) Order 2013, Article 46E: Statements

Extent: S

(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 Part 3 of the Proceeds of Crime Act 2002 (confiscation: Scotland),
(b) in the case of proceedings under Part 3 of Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (giving effect in Scotland to external requests in connection with criminal investigations or proceedings and to external orders arising from such proceedings),
(c) on a prosecution for perjury, 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.

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Source: https://www.legislation.gov.uk/uksi/2013/2605/article/46E (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-investigations-order-2013/article-46E
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.