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Part 8U.K.Investigations

Chapter 2E+W+N.I.England and Wales and Northern Ireland

Modifications etc. (not altering text)

C1Pt. 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)

[F1Unexplained wealth ordersE+W+N.I.

Textual Amendments

F1Ss. 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, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 1, 58(1)(6) (as amended (N.I.) (31.12.2020) by S.I. 2019/742, regs. 1, 109(2); 2020 c. 1, Sch. 5 para. 1(1)); S.I. 2018/78, reg. 3(a); S.I. 2021/724, reg. 2(1)(a)

362FStatementsE+W+N.I.

(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.]