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Race Relations (Amendment) Act 2000

Sections 65(4A) to (4C)

54.Section 5(2) of the 2000 Act inserts newsections 65(4A), (4B) and (4C) into the 1976 Act. These enable a respondent to proceedings under new section 19B to decline to answer a section 65 questionnaire without the risk of adverse inferences being drawn where:

  • at the time of doing the relevant act the respondent was carrying out public investigator or public prosecutor functions; and

  • he or she reasonably believes that to respond, or to give a different response, would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings, or any criminal proceedings, or would reveal the reason behind a decision not to institute, or not to continue, criminal proceedings.

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