Article 53 StatementsI1
Scotland
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.
But paragraph (1) does not apply—
in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002f1,
in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005f2,
on a prosecution for an offence under article 52(1) or (3) of this Order,
on a prosecution for an offence under section 393(1) or (3) of the Proceeds of Crime Act 2002,
on a prosecution for perjury, or
on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in paragraph (1).
A statement may not be used by virtue of paragraph (2)(f) against a person unless—
evidence relating to it is adduced, or
a question relating to it is asked,
by them or on their behalf in the proceedings arising out of the prosecution.
Annotations
Commencement
Footnotes
- f1
- f2