Part 2Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1Investigatory powers of DPP, etc.

Disclosure notices

65Restrictions on use of statements

(1)

A statement made by a person in response to a requirement imposed under section 62 or 63 (“the relevant statement”) may not be used in evidence against him in any criminal proceedings unless subsection (2) or (3) applies.

(2)

This subsection applies where the person is being prosecuted—

(a)

for an offence under section 67 of this Act, or

(b)

for an offence under section 5 of the Perjury Act 1911 (c. 6) (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath), or

(c)

for an offence under section 2 of the False Oaths (Scotland) Act 1933 (c. 20) (false statutory declarations and other false statements without oath) or at common law for an offence of attempting to pervert the course, or defeat the ends, of justice.

(3)

This subsection applies where the person is being prosecuted for some other offence and—

(a)

the person, when giving evidence in the proceedings, makes a statement inconsistent with the relevant statement, and

(b)

in the proceedings evidence relating to the relevant statement is adduced, or a question about it is asked, by or on behalf of the person.