Part 8Investigations
C1Chapter 2England and Wales and Northern Ireland
F1Unexplained wealth orders
Ss. 362A-362I and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 1, 58(1)(6); S.I. 2018/78, reg. 3(a); (as amended (N.I.) on exit day by S.I. 2019/742, regs. 1, 109(2))
362FStatements
1
A statement made by a person in response to a requirement imposed by an unexplained wealth order may not be used in evidence against that person in criminal proceedings.
2
Subsection (1) does not apply—
a
in the case of proceedings under Part 2 or 4,
b
on a prosecution for an offence under section 362E,
c
on a prosecution for an offence under section 5 of the Perjury Act 1911 or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements), or
d
on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1).
3
A statement may not be used by virtue of subsection (2)(d) against a person unless—
a
evidence relating to it is adduced, or
b
a question relating to it is asked,
by the person or on the person's behalf in proceedings arising out of the prosecution.
Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)