Paragraph 5A F1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 7 para. 18(2)(a) words substituted by Criminal Justice Act 2003 Sch. 26 para. 55(5)
Sch. 7 para. 11B 11C and cross-heading inserted by Crime and Policing Act 2026 s. 178(1)
Sch. 7 para. 11(2)(a) words substituted by Crime and Policing Act 2026 s. 238(2)(a)
Sch. 7 para. 11(3)-(5) inserted by Crime and Policing Act 2026 s. 238(2)(b)
Sch. 7 para. 11A(4) inserted by Crime and Policing Act 2026 s. 238(3)

(1)

An answer or information given orally by a person in response to a question asked under paragraph 2 or 3 may not be used in evidence against the person in criminal proceedings.

(2)

Sub-paragraph (1) does not apply—

(a)

in the case of proceedings for an offence under paragraph 18 of this Schedule,

(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 answer or information mentioned in sub-paragraph (1).

(3)

An answer or information may not be used by virtue of sub-paragraph (2)(c) 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.

(4)

In sub-paragraph (2)(b) the reference to a prosecution for perjury is—

(a)

in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911;

(b)

in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).

Annotations

Textual amendments

F1: Sch. 7 para. 5A inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 16, 27(2)(a); S.I. 2020/792, reg. 2(a)

Notes on Schedule 7

Modifications

C1: Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(i))
C2: Sch. 7 modified by S.I. 1993/1813, Sch. 4 para. 3 (as substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 21(1) (with Sch. 4 para. 21(2)); S.I. 2020/792, reg. 2(i); (as amended (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(6)(a))
C3: Sch. 7 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
C4: Sch. 7 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)