PART 8Offences and penalties

CHAPTER 3Proceedings

Self-incriminationI155

1

Relevant information may be used in evidence against the person to whom the information relates in criminal proceedings.

2

Where the information is used in proceedings other than for an offence under these Regulations or section 5 of the Perjury Act 1911 M1 (false statements made otherwise than on oath)—

a

no evidence relating to the information may be adduced by or on behalf of the prosecution, and

b

no question relating to the information may be asked by or on behalf of the prosecution.

3

Paragraph (2) does not apply if, in the proceedings—

a

evidence relating to the information is adduced by or on behalf of the person who provided it, or

b

a question relating to the information is asked by or on behalf of that person.

4

In this regulation, “relevant information” means—

a

information which is relevant information for the purposes of regulation 14;

b

information, or the answer to a question, given in response to a requirement imposed under regulation 36(1);

c

anything contained in a document or electronic records produced in response to a requirement imposed under paragraph 8(1) of Schedule 8.

ProsecutionsI256

1

No proceedings for an offence under these Regulations may be brought other than by—

a

the Director of Public Prosecutions,

b

any person designated by the Welsh Ministers, or

c

in relation to proceedings for F2an offence mentioned in paragraph (1A), a local authority.

F11A

The offences referred to in paragraph (1)(c) are—

a

an offence under regulation 42 F3...;

b

an offence under regulation 43(1) where the person carrying out a function under these Regulations is an enforcement officer designated by a local authority;

c

an offence under regulation 43(2)(a)(i) or (b) where the enforcement officer giving the direction or compliance notice is a person designated by a local authority.

2

A person designated by the Welsh Ministers under—

a

regulation 14 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,

b

regulation 22 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,

c

regulation 32 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

d

regulation 46 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,

is to be treated as if designated under this regulation.