Part 8Investigations

Chapter 3Scotland

Disclosure orders

I1C1C2C3C4394 Statements

1

A statement made by a person in response to a requirement imposed on him under a disclosure order may not be used in evidence against him in criminal proceedings.

2

But subsection (1) does not apply—

a

in the case of proceedings under Part 3,

b

on a prosecution for an offence under section 393(1) or (3),

c

on a prosecution for perjury, or

d

on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1).

3

A statement may not be used by virtue of subsection (2)(d) against a person unless—

a

evidence relating to it is adduced, or

b

a question relating to it is asked,

by him or on his behalf in the proceedings arising out of the prosecution.