Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
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Change 1
7 Admissibility of material in criminal proceedings
(1) This section applies in relation to criminal proceedings brought against a person (D). (2) Compelled material obtained from D may not be used in evidence against D. (3) If D has made an application for immunity from prosecution, the following material may not be used in evidence against D— (a) material provided by D to the ICRIR (including the immunity requests panel) in connection with the application; (b) material obtained (directly or indirectly) as a result of material provided as mentioned in paragraph (a). (4) Subsection (2) does not apply in relation to proceedings against D for an offence under paragraph 8(1)(a) of Schedule 4 (distortion of evidence); and subsections (2) and (3) do not apply in relation to proceedings against D for an offence under section 27 (false statements). (5) Any other material provided by, or obtained from, D for the purposes of, or in connection with, the exercise of any of the ICRIR’s functions may not be used in evidence against D unless exception 1 or 2 applies in relation to the material. (6) Exception 1: the material was provided to, or obtained by, an ICRIR officer designated under section 6(1) or (2). (7) Exception 2: the proceedings brought against D relate to— (a) the exercise by the ICRIR of any function, (b) any other conduct of the ICRIR, (c) the conduct of any current or former Commissioner, ICRIR officer or ICRIR contractor, (d) a person being appointed, or holding office, as a Commissioner, or (e) a person being employed or seconded as, or being, an ICRIR officer. (8) Where subsection (4) or exception 1 or 2 applies in relation to the material, this section does not affect the application to that material of any other legislation or rule of law relating to admissibility. (9) No evidence relating to any material inadmissible against D may be adduced, and no question relating to any material inadmissible against D may be asked by or on behalf of the prosecution, unless evidence relating to that material is adduced, or a question relating to that material is asked, in the proceedings by or on behalf of D. (10) This section applies in relation to material, and evidence or questions relating to material— (a) whether the material is in the form in which it was provided or obtained, or in some other form; (b) whether the material (in whatever form) is in the possession of the ICRIR or another person (whether obtained directly or indirectly from the ICRIR). (11) In this section— “compelled material” means anything that has been obtained by the ICRIR from a person through the exercise of the ICRIR’s powers under section 14; “material inadmissible against D”, in relation to criminal proceedings brought against D, means material that, by virtue of subsections (2) to (7), may not be used in evidence against D; “other material” means any material other than— compelled material obtained from D, and material provided by D as mentioned in subsection (3)(a).
7 Admissibility of material in criminal proceedings
(1) This section applies in relation to criminal proceedings brought against a person (D). (2) Compelled material obtained from D may not be used in evidence against D. (3) If D has made an application for immunity from prosecution, the following material may not be used in evidence against D— (a) material provided by D to the ICRIR (including the immunity requests panel) in connection with the application; (b) material obtained (directly or indirectly) as a result of material provided as mentioned in paragraph (a). (4) Subsection (2) does not apply in relation to proceedings against D for an offence under paragraph 8(1)(a) of Schedule 4 (distortion of evidence); and subsections (2) and (3) do not apply in relation to proceedings against D for an offence under section 27 (false statements). (5) Any other material provided by, or obtained from, D for the purposes of, or in connection with, the exercise of any of the ICRIR’s functions may not be used in evidence against D unless exception 1 or 2 applies in relation to the material. (6) Exception 1: the material was provided to, or obtained by, an ICRIR officer designated under section 6(1) or (2). (7) Exception 2: the proceedings brought against D relate to— (a) the exercise by the ICRIR of any function, (b) any other conduct of the ICRIR, (c) the conduct of any current or former Commissioner, ICRIR officer or ICRIR contractor, (d) a person being appointed, or holding office, as a Commissioner, or (e) a person being employed or seconded as, or being, an ICRIR officer. (8) Where subsection (4) or exception 1 or 2 applies in relation to the material, this section does not affect the application to that material of any other legislation or rule of law relating to admissibility. (9) No evidence relating to any material inadmissible against D may be adduced, and no question relating to any material inadmissible against D may be asked by or on behalf of the prosecution, unless evidence relating to that material is adduced, or a question relating to that material is asked, in the proceedings by or on behalf of D. (10) This section applies in relation to material, and evidence or questions relating to material— (a) whether the material is in the form in which it was provided or obtained, or in some other form; (b) whether the material (in whatever form) is in the possession of the ICRIR or another person (whether obtained directly or indirectly from the ICRIR). (11) In this section— “compelled material” means anything that has been obtained by the ICRIR from a person through the exercise of the ICRIR’s powers under section 14; “material inadmissible against D”, in relation to criminal proceedings brought against D, means material that, by virtue of subsections (2) to (7), may not be used in evidence against D; “other material” means any material other than— compelled material obtained from D, and material provided by D as mentioned in subsection (3)(a).
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