Part II Giving of evidence or information for purposes of criminal proceedings
Chapter VI Restrictions on use of evidence
Additional restrictions
58 Inferences from silence not permissible where no prior access to legal advice.
(1)
Sections 34 and 36 to 38 of the M1Criminal Justice and Public Order Act 1994 (inferences from accused’s silence) shall be amended as follows.
(2)
“(2A)
Where the accused was at an authorised place of detention at the time of the failure, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to being questioned, charged or informed as mentioned in subsection (1) above.”
(3)
“(4A)
Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.”
(4)
“(3A)
Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.”
(5)
“(2A)
In each of sections 34(2A), 36(4A) and 37(3A) “authorised place of detention” means—
(a)
a police station; or
(b)
any other place prescribed for the purposes of that provision by order made by the Secretary of State;
and the power to make an order under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
59 Restriction on use of answers etc. obtained under compulsion.
Schedule 3, which amends enactments providing for the use of answers and statements given under compulsion so as to restrict in criminal proceedings their use in evidence against the persons giving them, shall have effect.
Removal of restriction
60 Removal of restriction on use of evidence from computer records.
Section 69 of the M2Police and Criminal Evidence Act 1984 (evidence from computer records inadmissible unless conditions relating to proper use and operation of computer shown to be satisfied) shall cease to have effect.