SCHEDULES
C1C3C2SCHEDULE 3Border security
Sch. 3 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)
Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
C1PART 1Powers
Power to stop, question and detain
I1I2C16
1
An answer or information given orally by a person in response to a question asked under paragraph 1 or 2 may not be used in evidence in criminal proceedings.
2
Sub-paragraph (1) does not apply—
a
in the case of proceedings under paragraph 23,
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
A statement 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)).
Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))