Valid from 01/12/2010
Textual Amendments
12(1)A statement made by a person (“P”) in compliance with a requirement imposed under this Schedule is admissible in evidence in any proceedings (as long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question).U.K.
(2)But in criminal proceedings in which P is charged with an offence other than one to which sub-paragraph (3) applies or in proceedings within sub-paragraph (4) to which both the Commission and P are parties—
(a)no evidence relating to the statement is admissible against P, and
(b)no question relating to the statement may be asked on behalf of the prosecution or (as the case may be) the Commission in cross-examination of P,
unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of P.
(3)This sub-paragraph applies to—
(a)an offence under paragraph 13(3);
(b)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
(c)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);
(d)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
(4)Proceedings are within this sub-paragraph if they arise out of the exercise by the Commission of any of their powers under Schedule 19C other than powers in relation to an offence under paragraph 13(3) below.]