OpenLegislation

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 Act,

(b)

in the case of proceedings under Part 2 or 4 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005f1,

(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 Act,

(e)

on a prosecution for an offence under section 5 of the Perjury Act 1911f2 or Article 10 of the Perjury (Northern Ireland) Order 1979f3 (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 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

1911 c. 6.

f3

S.I. 1979/1714 (N.I. 19).