Youth Justice and Criminal Evidence Bill [H.L.]

Youth Justice and Criminal Evidence Bill [H.L.] - continued	House of Lords

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SCHEDULE 3

RESTRICTION ON USE OF ANSWERS ETC. OBTAINED UNDER COMPULSION

Insurance Companies Act 1982 (c.50)

1. The Insurance Companies Act 1982 is amended as follows.

2. In section 43A (general investigations into insurance companies), after subsection (5) (use of statements made under the section) add-

	"(6) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(7) Subsection (6) above applies to any offence other than-
	(a) an offence under section 71(1)(b) or (3) below;
	(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
	(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath)."

3. In section 44 (obtaining information and documents from companies), after subsection (5) (use of statements made under the section) insert-

	"(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(5B) Subsection (5A) above applies to any offence other than-
	(a) an offence under section 71(1)(b), (3) or (4) below;
	(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
	(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath)."

Companies Act 1985 (c.6)

4. The Companies Act 1985 is amended as follows.

5. In section 434 (production of documents and evidence to inspectors conducting investigations into companies), after subsection (5) (use of answers given to inspectors) insert-

	"(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the answer may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(5B) Subsection (5A) applies to any offence other than-
	(a) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or
	(b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath)."

6. In section 447 (production of company documents to Secretary of State), after subsection (8) (use of statements made under the section) insert-

	"(8A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(8B) Subsection (8A) applies to any offence other than-
	(a) an offence under subsection (6) or section 451;
	(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
	(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath)."

Insolvency Act 1986 (c.45)

7. - (1) Section 433 of the Insolvency Act 1986 (admissibility in evidence of statements of affairs etc.) is amended as follows.

(2) That section is renumbered as subsection (1) of that section.

(3) After that subsection insert-

	"(2) However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(3) Subsection (2) applies to any offence other than-
	(a) an offence under section 22(6), 47(6), 48(8), 66(6), 67(8), 95(8), 98(6), 99(3)(a), 131(7), 192(2), 208(1)(a) or (d) or (2), 210, 235(5), 353(1), 354(1)(b) or (3) or 356(1) or (2)(a) or (b) or paragraph 4(3)(a) of Schedule 7;
	(b) an offence which is-
	(i) created by rules made under this Act, and
	(ii) designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
	(c) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or
	(d) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath).
	(4) Regulations under subsection (3)(b)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament."

Company Directors Disqualification Act 1986 (c.46)

8. - (1) Section 20 of the Company Directors Disqualification Act 1986 (admissibility in evidence of statements) is amended as follows.

(2) That section is renumbered as subsection (1) of that section.

(3) After that subsection insert-

	"(2) However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(3) Subsection (2) applies to any offence other than-
	(a) an offence which is-
	(i) created by rules made for the purposes of this Act under the Insolvency Act, and
	(ii) designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
	(b) an offence under section 5 of the Perjury Act 1911 (false statements or made otherwise than on oath); or
	(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).
	(4) Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament."

Building Societies Act 1986 (c.53)

9. In section 57 of the Building Societies Act 1986 (use of answers given to inspectors conducting investigations into building societies), after subsection (5) (use of answers given to inspectors) insert-

	"(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the answer may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(5B) Subsection (5A) above applies to any offence other than-
	(a) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or
	(b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath)."

Financial Services Act 1986 (c.60)

10. The Financial Services Act 1986 is amended as follows.

11. In section 105 (powers of Secretary of State to investigate affairs of person carrying on investment business), after subsection (5) (use of statements made under the section) insert-

	"(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(5B) Subsection (5A) above applies to any offence other than-
	(a) an offence under subsection (10) or section 200(1) below;
	(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
	(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath)."

12. In section 177 (investigations into insider dealing), after subsection (6) (use of statements made under the section) insert-

	"(6A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(6B) Subsection (6A) above applies to any offence other than-
	(a) an offence under section 200(1) below; or
	(b) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or
	(c) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath)."

Banking Act 1987 (c.22)

13. The Banking Act 1987 is amended as follows.

14. In section 39 (power of Financial Services Authority to obtain information etc. from authorised institutions), after subsection (12) (use of statements made under the section) insert-

	"(12A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(12B) Subsection (12A) above applies to any offence other than-
	(a) an offence under subsection (11) above;
	(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
	(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath)."

15. In section 41 (investigations into authorised institutions by Financial Services Authority), after subsection (10) (use of statements made under the section) insert-

	"(10A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(10B) Subsection (10A) above applies to any offence other than-
	(a) an offence under subsection (9)(c) above;
	(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
	(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath)."

16. In section 42 (investigations by Financial Services Authority into suspected contraventions of sections 3 and 35), after subsection (5) (use of statements made under the section) insert-

	"(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(5B) Subsection (5A) above applies to any offence other than-
	(a) an offence under subsection (4) above; or
	(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
	(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath)."

Criminal Justice Act 1987 (c.38)

17. After subsection (8) of section 2 of the Criminal Justice Act 1987 (use of statements made in response to requirements imposed by the Director of the Serious Fraud Office) insert-

"(8AA) However, the statement may not be used against that person by virtue of paragraph (b) of subsection (8) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution."

Companies Act 1989 (c.40)

18. In section 83 (powers exercisable for purposes of assisting an overseas regulatory authority), after subsection (6) (use of statements made under the section) insert-

	"(6A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(6B) Subsection (6A) applies to any offence other than-
	(a) an offence under section 85; or
	(b) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or
	(c) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath)."

Friendly Societies Act 1992 (c.40)

19. In section 67 of the Friendly Societies Act 1992 (supplementary provisions about inspections carried out at the behest of the Friendly Societies Commission), after subsection (5) (use of statements made under the section) insert-

	"(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies-
	(a) no evidence relating to the statement may be adduced, and
	(b) no question relating to it may be asked,
	by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
	(5B) Subsection (5A) above applies to any offence other than-
	(a) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or
	(b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath)."

Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)

20. After subsection (5) of section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995 (use of statements made in response to requirements imposed by a nominated officer) insert-

"(5A) However, the statement may not be used against that person by virtue of paragraph (b) of subsection (5) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution."

Prepared 9 March 1999