Part 1Digital Markets

Chapter 6Investigatory powers etc and compliance reports

Investigatory powers etc

73Use of interview statements in prosecution

(1)

A statement by X in response to a requirement imposed by virtue of section 72 (a “section 72 statement”) may only be used in evidence against X—

(a)

on a prosecution for an offence under section 93 or 94;

(b)

on a prosecution for some other offence in a case falling within subsection (2).

(2)

A prosecution falls within this subsection if, in the proceedings—

(a)

in giving evidence, X makes a statement inconsistent with the section 72 statement, and

(b)

evidence relating to the section 72 statement is adduced, or a question relating to it is asked, by or on behalf of X.