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)).