Counter-Terrorism and Border Security Act 2019
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Change 1
16 Evidence obtained under port and border control powers
In Schedule 7 to the Terrorism Act 2000 (port and border controls), after paragraph 5 insert— 5A (1) An answer or information given orally by a person in response to a question asked under paragraph 2 or 3 may not be used in evidence against the person in criminal proceedings. (2) Sub-paragraph (1) does not apply— (a) in the case of proceedings for an offence under paragraph 18 of this Schedule, (b) on a prosecution for perjury, or (c) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the answer or information mentioned in sub-paragraph (1). (3) An answer or information may not be used by virtue of sub-paragraph (2)(c) unless— (a) evidence relating to it is adduced, or (b) a question relating to it is asked, by or on behalf of the person in the proceedings arising out of the prosecution. (4) In sub-paragraph (2)(b) the reference to a prosecution for perjury is— (a) in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911; (b) in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).
16 Evidence obtained under port and border control powers
In Schedule 7 to the Terrorism Act 2000 (port and border controls), after paragraph 5 insert— 5A (1) An answer or information given orally by a person in response to a question asked under paragraph 2 or 3 may not be used in evidence against the person in criminal proceedings. (2) Sub-paragraph (1) does not apply— (a) in the case of proceedings for an offence under paragraph 18 of this Schedule, (b) on a prosecution for perjury, or (c) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the answer or information mentioned in sub-paragraph (1). (3) An answer or information may not be used by virtue of sub-paragraph (2)(c) unless— (a) evidence relating to it is adduced, or (b) a question relating to it is asked, by or on behalf of the person in the proceedings arising out of the prosecution. (4) In sub-paragraph (2)(b) the reference to a prosecution for perjury is— (a) in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911; (b) in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).
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