Coroners and Justice Act 2009

Part 4 E+W Restriction on use of information

10 (1) Section 43 of that Act (information notices) is amended as follows. E+W

(2) In subsection (8), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (8A), ”.

(3) After that subsection insert—

“(8A) The offences mentioned in subsection (8) are—

(a) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

(8B) Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—

(a) in giving evidence the person provides information inconsistent with it, and

(b) evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf.

(8C) In subsection (8B) “relevant statement”, in relation to a requirement under this section, means—

(a) an oral statement, or

(b) a written statement made for the purposes of the requirement.”

Commencement Information

I1 Sch. 20 para. 10 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

11 (1) Section 44 of that Act (special information notices) is amended as follows. E+W

(2) In subsection (9), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (9A), ”.

(3) After subsection (9) of that section insert—

“(9A) The offences mentioned in subsection (9) are—

(a) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

(9B) Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—

(a) in giving evidence the person provides information inconsistent with it, and

(b) evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf.

(9C) In subsection (9B) “relevant statement”, in relation to a requirement under this section, means—

(a) an oral statement, or

(b) a written statement made for the purposes of the requirement.”

Commencement Information

I2 Sch. 20 para. 11 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

12 (1) Paragraph 11 of Schedule 7 to that Act (miscellaneous exemptions: self incrimination) is amended as follows. E+W

(2) In sub-paragraph (1), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within sub-paragraph (1A), ”.

(3) After that sub-paragraph insert—

“(1A) The offences mentioned in sub-paragraph (1) are—

(a) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).”

Commencement Information

I3 Sch. 20 para. 12 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19