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Paragraph 22 StatementsF1C1C2C3C4

(1)

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.

(2)

Sub-paragraph (1) does not apply—

(a)

in the case of proceedings under this Part of this Act (including paragraph 21(1) or (3)),

(b)

on a prosecution for perjury, or

(c)

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).

(3)

A statement may not be used by virtue of sub-paragraph (2)(c) against a person unless—

(a)

evidence relating to it is adduced, or

(b)

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. 2 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. 4; S.I. 2018/78, reg. 3(bb)

Modifications

C1

Sch. 5A para. 22 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), arts. 1, 6(3)(4) (with art. 6(1))

C2

Sch. 5A para. 22 modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 6(9) (with art. 6(1))

C3

Sch. 5A para. 22 excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 18(9) (with art. 18(1))

C4

Sch. 5A para. 22 applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 18(3)(4) (with art. 18(1))

Notes on Schedule 5A

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)