SCHEDULES
C4C3C2C1 SCHEDULE 7 Port and Border Controls
Sch. 7 modified by S.I. 1993/1813, Sch. 4 para. 3 (as substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 21(1) (with Sch. 4 para. 21(2)); S.I. 2020/792, reg. 2(i); (as amended (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(6)(a))
Sch. 7 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
Sch. 7 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)
Power to stop, question and detain
F15A
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)).
Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(i))