Proceeds of Crime Act 2002, section 362F

Statements

Part 8 Investigations

(1)A statement made by a person in response to a requirement imposed by an unexplained wealth order may not be used in evidence against that person in criminal proceedings.

(2)Subsection (1) does not apply—

(a)in the case of proceedings under Part 2 or 4,

(b)on a prosecution for an offence under section 362E,

(c)on a prosecution for an offence under section 5 of the Perjury Act 1911 or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements), or

(d)on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1).

(3)A statement may not be used by virtue of subsection (2)(d) against a person unless—

(a)evidence relating to it is adduced, or

(b)a question relating to it is asked,

by the person or on the person's behalf in proceedings arising out of the prosecution.

Cases considering section 362F 3

Hajiyeva v National Crime Agency

[2020] EWCA Civ 108 · 5 February 2020Limits

The use-immunity provision was treated as supporting the conclusion that Parliament intended the UWO scheme to exclude privilege. (see para [51]) The provision protected a person from use of a statement made in response to a UWO in criminal proceedings against that person. It did not preserve spousal privilege. (see paras [45]; [54])

National Crime Agency v Hajiyeva (Rev 1)

[2018] EWHC 2534 (Admin) · 3 October 2018

Applies the use-immunity provision as supporting the conclusion that Parliament intended the UWO procedure to operate without the privilege against self-incrimination (see paras [110]-[112]).

National Crime Agency v Hussain & Ors

[2020] EWHC 432 (Admin) · 28 February 2020

Restricts the use of a statement made in response to a UWO in criminal proceedings. The court identified that protection as a statutory safeguard supporting proportionality. (see para [107])

What each judgment says about section 362F is in the case-law panel in the full Act.