Provision of information, records and answering questions—self-incrimination
82A Provision of information, records and answering questions—self-incrimination
A person is not guilty of an offence of failing to comply with a requirement under this Act to provide information or records or to answer a question unless the person was warned on the occasion that a failure to comply is an offence.
A person is not excused from a requirement under this Act to provide information or records or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.
However, information provided or answer given by a natural person in compliance with a requirement under this Act is not admissible in evidence against the person in criminal proceedings, except proceedings for an offence against section 73C or 73D, if—
the person objected at the time to doing so on the ground that it might incriminate the person, or
the person was not warned on that occasion that the person may object to providing the information or giving the answer on the ground that it might incriminate the person.
A record provided by a person in compliance with a requirement under this Act is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.
Further information obtained as a result of information or a record provided or of an answer given in compliance with a requirement under this Act is not inadmissible on the ground—
that the information or records had to be provided or the answer had to be given, or
that the information or record provided or answer given might incriminate the person.
This section extends to a requirement under this Act to state a person’s name and address.
This Act’s bill:Explanatory memorandumSecond reading speech
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