Part 6Cartel offence

Criminal investigations by OFT

198 Use of statements obtained under Competition Act 1998

In the 1998 Act, after section 30 there is inserted—

30A Use of statements in prosecution

A statement made by a person in response to a requirement imposed by virtue of any of sections 26 to 28 may not be used in evidence against him on a prosecution for an offence under section 188 of the Enterprise Act 2002 unless, in the proceedings—

a

in giving evidence, he makes a statement inconsistent with it, and

b

evidence relating to it is adduced, or a question relating to it is asked, by him or on his behalf.