Paragraphs 13–14: Explanations
121.These paragraphs correspond to paragraph 6 of Schedule 7 to the PTA. There is one change in effect. A person’s response to an explanation order represents information given under compulsion and cannot normally be used in evidence against him, as this would be a breach of the right against self-incrimination (or “right to silence”). The PTA provided two exceptions to this general principle.
The first is if the criminal trial in question is for the offence of giving a false or misleading answer to the explanation order itself (at paragraph 6(3)(a) in the PTA).
The second is in a trial for any other offence, if in that trial the person makes a statement inconsistent with his response to the explanation order (at paragraph 6(3)(b) in the PTA).
The first of these exceptions is replicated in the Act (at paragraph 13(4)) but the second has been dropped.