§ ' .—(1) In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from—
- (a) giving evidence on any matter; or
- (b) answering any question put to him in the course of his giving evidence, on the ground that doing so might incriminate him or his spouse of an offence.
§ (2) A statement or admission made in such proceedings shall not be admissible in evidence against the person making it or his spouse in proceedings for an offence other than perjury.'.—[The Solicitor-General.]
§ Brought up, and read the First time.
§ The Solicitor-GeneralI beg to move, That the clause be read a Second time.
This new clause deals with self-incrimination. It is important that courts hearing applications for care or supervision orders, or for emergency protection orders, should have the benefit of all the evidence available to them. Generally, a witness in proceedings enjoys a privilege against self-incrimination. Courts hearing the types of application outlined under parts IV and V of the Bill should not be deprived of potentially useful evidence, even on this ground.
Therefore, the new clause removes that privilege in respect of applications under those parts of the Bill. In its place, it grants such a witness an indemnity so that his evidence in those proceedings cannot be relied upon in proceedings against himself or his spouse for any criminal offence other than perjury.
I commend the new clause to the House.
§ Question put and agreed to.
641§ Clause read a Second time, and added to the Bill.