CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971

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CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 10



10.(1) The right of a person in any legal proceedings other than criminal
proceedings to refuse to answer any question or produce any document or thing
if to do so would tend to expose that person to proceedings for an offence or
for the recovery of a penalty

(a)shall apply only as regards criminal offences under the law of any part of
the United Kingdom and penalties provided for by such law; and

(b)shall include a like right to refuse to answer any question or produce any
document or thing if to do so would tend to expose the husband or wife of that
person to proceedings for any such criminal offence or for the recovery of any
such penalty.

(2) In so far as any existing statutory provision conferring (in whatever
words) powers of inspection or investigation confers on a person (in whatever
words) any right otherwise than in criminal proceedings to refuse to answer
any question or give any evidence tending to incriminate that person,
subsection (1) shall apply to that right as it applies to the right described
in that subsection; and every such existing statutory provision shall be
construed accordingly.

(3) In so far as any existing statutory provision provides (in whatever words)
that in any proceedings other than criminal proceedings a person shall not be
excused from answering any question or giving any evidence on the ground that
to do so may incriminate that person, that provision shall be construed as
providing also that in such proceedings a person shall not be excused from
answering any question or giving any evidence on the ground that to do so may
incriminate the husband or wife of that person.

(4) Where any existing statutory provision (however worded) that

(a)confers powers of inspection or investigation; or

(b)provides as mentioned in subsection (3),

(5) In this section "existing statutory provision" means any
statutory provision passed before this Act; and the references to giving
evidence are references to giving evidence in any manner, whether by
furnishing information, making discovery, producing documents or otherwise.

S.11 rep. by 1977 c.37 s.132 sch.6

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Northern Irish Legislation

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 10