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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 13 August 2020 - onwards
Version 2 of 2

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;