PART 8 E+WOffences and penalties

Self-incriminationE+W

45.—(1) Relevant information may be used in evidence against the person to whom the information relates in criminal proceedings.

(2) Where the information is used in proceedings other than for an offence under these Regulations or section 5 of the Perjury Act 1911 M1 (false statements made otherwise than on oath)—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(3) Paragraph (2) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)a question relating to the information is asked by or on behalf of that person.

(4) In this regulation, “relevant information” means—

(a)information which is relevant information for the purposes of regulation 18;

(b)information, or the answer to a question, given in response to a requirement imposed under regulation 34(1);

(c)anything contained in a document or electronic records produced in response to a requirement imposed under paragraph 8(1) of Schedule 3.

Commencement Information

I1Reg. 45 in force at 9.11.2020, see reg. 1(3)

Marginal Citations

M11911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).