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Explanatory Memorandum to Company Directors Disqualification (Northern Ireland) Order 2002

Article 23: Admissibility in evidence of statements

This Article defines the basis on which statements may be used in evidence in proceedings under Articles 9 to 14, or 19 or Schedule 1 (i.e. civil proceedings) and prohibits their use in non-insolvency related criminal proceedings.

Paragraph (1) provides that a statement made for the purposes of Article 9 to 14 or 19 or Schedule 1 (i.e. civil proceedings) or for the purpose of any other provision of this Order under the Insolvency Order may be used in evidence in any proceedings against any person who either made or concurred in making it. It is immaterial whether the proceedings are under this Act or some other statutory provisions.

Paragraph (2) prohibits the use by the prosecution in criminal proceedings against a person of evidence obtained in statements under Article 9 to 14 or 19 or Schedule 1. It also prohibits the asking of questions by the prosecution in relation to the statement unless first introduced by the person making the statement.

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