Article 19 StatementsI1
England, Wales and Northern Ireland
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 2 or 4 of the Act,
in the case of proceedings under Part 2 or 4 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005f1,
on a prosecution for an offence under article 18(1) or (3) of this Order,
on a prosecution for an offence under section 359(1) or (3) of the Act,
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
- I1
Art. 19 in force at 13.8.2014, see art. 1(b)
Footnotes
- f1
-
S.I. 2005/3181; Parts 2 and 4 were amended by section 59 of, and paragraph 1 in Part 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4), article 2 of S.I. 2008/302 and articles 2 and 8 of S.I. 2011/1242.
- f2
- f3