Part 8Investigations
Chapter 3Scotland
Disclosure orders
394 Statements
(1)
A statement made by a person in response to a requirement imposed on him under a disclosure order may not be used in evidence against him in criminal proceedings.
(2)
But subsection (1) does not apply—
(a)
in the case of proceedings under Part 3,
(b)
on a prosecution for an offence under section 393(1) or (3),
(c)
on a prosecution for perjury, 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 him or on his behalf in the proceedings arising out of the prosecution.