Paragraph 12 StatementsC1C2C3C4F1
A statement made by a person in response to a requirement imposed under a disclosure order may not be used in evidence against that person in criminal proceedings.
Sub-paragraph (1) does not apply—
in the case of proceedings under this Part of this Act (including paragraph 11(1) or (3)),
on a prosecution for an offence under section 5 of the Perjury Act 1911 or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements), or
on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in sub-paragraph (1).
A statement may not be used by virtue of sub-paragraph (2)(c) against a person unless—
evidence relating to it is adduced, or
a question relating to it is asked,
by or on behalf of the person in the proceedings arising out of the prosecution.
Annotations
Textual amendments
- F1
Sch. 5A Pt. 1 inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 2 para. 3; S.I. 2018/78, reg. 3(bb)
Modifications
- C1
Sch. 5A para. 12 applied (with modifications) (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), art. 29(3)(4) (with art. 29(1))
- C2
Sch. 5A para. 12 applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), art. 5(4) (with art. 5(1))
- C3
Sch. 5A para. 12 applied (with modifications) (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), art. 30(3)(4) (with art. 30(1))
- C4
Sch. 5A para. 12 applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), art. 17(4) (with art. 17(1))