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Counter-Terrorism and Border Security Act 2019

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This is the original version (as it was originally enacted).

16Evidence obtained under port and border control powers

This section has no associated Explanatory Notes

In Schedule 7 to the Terrorism Act 2000 (port and border controls), after paragraph 5 insert—

5A(1)An answer or information given orally by a person in response to a question asked under paragraph 2 or 3 may not be used in evidence against the person in criminal proceedings.

(2)Sub-paragraph (1) does not apply—

(a)in the case of proceedings for an offence under paragraph 18 of this Schedule,

(b)on a prosecution for perjury, or

(c)on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the answer or information mentioned in sub-paragraph (1).

(3)An answer or information may not be used by virtue of sub-paragraph (2)(c) unless—

(a)evidence relating to it is adduced, or

(b)a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

(4)In sub-paragraph (2)(b) the reference to a prosecution for perjury is—

(a)in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911;

(b)in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).

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