The Proceeds of Crime Act 2002 (External Investigations) Order 2013

StatementsE+W+N.I.

This section has no associated Explanatory Memorandum

19.—(1) A statement made by a person in response to a requirement imposed on them under a disclosure order may not be used in evidence against them in criminal proceedings.

(2) But paragraph (1) does not apply—

(a)in the case of proceedings under Part 2 or 4 of the Proceeds of Crime Act 2002(1),

(b)in the case of proceedings under Part 2 or 4 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005(2),

(c)on a prosecution for an offence under article 18(1) or (3) of this Order,

(d)on a prosecution for an offence under section 359(1) or (3) of the Proceeds of Crime Act 2002,

(e)on a prosecution for an offence under section 5 of the Perjury Act 1911(3) or Article 10 of the Perjury (Northern Ireland) Order 1979(4) (false statements), or

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

(3) A statement may not be used by virtue of paragraph (2)(f) against a person unless—

(a)evidence relating to it is adduced, or

(b)a question relating to it is asked,

by them or on their behalf in the proceedings arising out of the prosecution.

Commencement Information

I1Art. 19 in force at 11.11.2013, see art. 1(1)