Civil Evidence Act (Northern Ireland) 1971

10 Privilege against incrimination of self or spouse[F1 or civil partner]. N.I.

(1) The right of a person in any legal proceedings other than criminal proceedings to refuse to answer any question or produce any document or thing if to do so would tend to expose that person to proceedings for an offence or for the recovery of a penalty—

(a) shall apply only as regards criminal offences under the law of any part of the United Kingdom and penalties provided for by such law; and

(b) shall include a like right to refuse to answer any question or produce any document or thing if to do so would tend to expose the[F1 spouse or civil partner] of that person to proceedings for any such criminal offence or for the recovery of any such penalty.

(2) In so far as any existing statutory provision conferring (in whatever words) powers of inspection or investigation confers on a person (in whatever words) any right otherwise than in criminal proceedings to refuse to answer any question or give any evidence tending to incriminate that person, subsection (1) shall apply to that right as it applies to the right described in that subsection; and every such existing statutory provision shall be construed accordingly.

(3) In so far as any existing statutory provision provides (in whatever words) that in any proceedings other than criminal proceedings a person shall not be excused from answering any question or giving any evidence on the ground that to do so may incriminate that person, that provision shall be construed as providing also that in such proceedings a person shall not be excused from answering any question or giving any evidence on the ground that to do so may incriminate the [F2 spouse or civil partner] of that person.

(4) Where any existing statutory provision (however worded) that—

(a) confers powers of inspection or investigation; or

(b) provides as mentioned in subsection (3),

further provides (in whatever words) that any answer or evidence given by a person shall not be admissible in evidence against that person in any proceedings or class of proceedings (however described, and whether criminal or not), that enactment shall be construed as providing also that any answer or evidence given by that person shall not be admissible in evidence against the [F3 spouse or civil partner] of that person in the proceedings or class of proceedings in question.

(5) In this section “existing statutory provision” means any statutory provision passed before this Act; and the references to giving evidence are references to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.

F1 2004 c.33

F2 Words in s. 10(3) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 129(2) (with regs. 6-9)

F3 Words in s. 10(4) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 129(2) (with regs. 6-9)

Modifications etc. (not altering text)

C1 S. 10(1) applied (30.10.2006) by Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006 (S.I. 2006/1256), regs. 32(3), 33, Sch. 5 para. 5 (with reg. 32(1)(2));

S. 10(1) applied (30.10.2006) by Measuring Instruments (Automatic Catchweighers) Regulations 2006 (S.I. 2006/1257), regs. 34(3), 35, Sch. 6 para. 5 (with reg. 34(1)(2));

S. 10(1) applied (30.10.2006) by Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006 (S.I. 2006/1258), regs. 32(3), 34, Sch. 6 para. 5 (with reg. 32(1)(2);

S. 10(1) applied (30.10.2006) by Measuring Instruments (Beltweighers) Regulations 2006 (S.I. 2006/1259), regs. 32(3), 33, Sch. 6 para. 5 (with reg. 32(1)(2));

S. 10(1) applied (30.10.2006) by Measuring Instruments (Capacity Serving Measures) Regulations 2006 (S.I. 2006/1264), regs. 29(3), 30, Sch. 6 para. 5 (with reg. 29(1)(2));

S. 10(1) applied (30.10.2006) by Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006 (S.I. 2006/1266), regs. 31(3), 32, Sch. 6 para. 5 (with reg. 31(1)(2));

S. 10(1) applied (30.10.2006) by Measuring Instruments (Material Measures of Length) Regulations 2006 (S.I. 2006/1267), regs. 29(3), 30, Sch. 5 para. 5 (with reg. 29(1)(2));

S. 10(1) applied (30.10.2006) by Measuring Instruments (Cold - water Meters) Regulations 2006 (S.I. 2006/1268), regs. 31(3), 32, Sch. 5 para. 5 (with reg. 31(1)(2));

S. 10(1) applied (30.10.2006) by Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006 (S.I. 2006/1269), regs. 32(3), 33, Sch. 5 para. 5 (with reg. 32(1)(2));

S. 10(1) extended (30.10.2006) by Measuring Instruments (Taximeters) Regulations 2006 (S.I. 2006/2304), regs. 25(3), 26, Sch. 5 para. 3 (with reg. 25(1)(2));

S. 10(1) modified (30.10.2006) by Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 (S.I. 2006/1679), regs. 24, 27(3), Sch. 5 para. 3 (with reg. 27(1)(2));

S. 10(1) modified (30.10.2006) by Measuring Instruments (Gas Meters) Regulations 2006 (S.I. 2006/2647), regs. 24, 27(3), Sch. 5 para. 3 (with reg. 27(1)(2));