Paragraph 2 InformationI1

United Kingdom

(1)

Power to obtain information or to require a person to answer any question.

(2)

A requirement imposed in the exercise of the power has effect in spite of any restriction on the disclosure of information (however imposed).

(3)

An answer given by a person in pursuance of such a requirement may not be used in evidence against him in criminal proceedings.

(4)

Sub-paragraph (3) does not apply—

(a)

on a prosecution for an offence under section 5 of the Perjury Act 1911^f1, section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995^f2 or Article 10 of the Perjury (Northern Ireland) Order 1979^f3 (false statements), or

(b)

on a prosecution for some other offence where, in giving evidence, he makes a statement inconsistent with it.

(5)

But an answer may not be used by virtue of sub-paragraph (4)(b) against a person unless—

(a)

evidence relating to it is adduced, or

(b)

a question relating to it is asked,

by him or on his behalf in the proceedings arising out of the prosecution.

Annotations

Commencement

I1: Sch. 2 para. 2 in force at 1.1.2006, see art. 1

Footnotes

f1: 1911 c. 6.
f2: 1995 c. 39.
f3: S.I. 1979/1714 (N.I. 19).