155H Privilege against self-incrimination

(1)

A notice under section 155B or 155C, or an order under section 155E, does not affect the privilege against self-incrimination that an individual may have under section 60 of the Evidence Act 2006.

(2)

Any assertion of a privilege against self-incrimination must be based on section 60 of the Evidence Act 2006.

(3)

If any individual refuses to produce any information or document or to answer any question on the ground that it is a privileged communication under section 60 of the Evidence Act 2006, a Customs officer or a constable may apply to a District Court Judge for an order determining whether the claim of privilege is valid; and, in respect of any such application, the individual must offer sufficient evidence to enable the District Court Judge to assess whether self-incrimination would be reasonably likely if the individual produced the information or the document or answered the question.

(4)

To avoid doubt, nothing in this section affects the application of section 65 of the Evidence Act 2006 (which relates to waiver of privilege) in respect of the privilege against self-incrimination that a person may have under section 60 of that Act.

(5)

Section 63 of the Evidence Act 2006 does not apply to an order made under section 155E.

Section 155H: inserted, on 7 October 2011, by section 23 of the Trade Marks Amendment Act 2011 (2011 No 71).