SAUNDERS v. UNITED KINGDOM JUDGMENT
13
of sections 431 to 433, or as applied by any other section in this Part) may be used in
evidence against him."
49. Section 436 of the Act provides:
"(1) When inspectors are appointed under section 431 or 432 to investigate the
affairs of a company, the following applies in the case of (a) any officer or agent of the company,
(b) any officer or agent of another body corporate whose affairs are investigated
under section 433 and
(c) any such person as is mentioned in section 434 (2).
Section 434 (4) applies with regard to references in this subsection to an officer or
agent.
(2) If that person (a) refuses to produce any book or document which it is his duty under section 434
or 435 to produce, or
(b) refuses to attend before the inspectors when required to do so, or
(c) refuses to answer any question put to him by the inspectors with respect to the
affairs of the company or other body corporate (as the case may be) the inspectors
may certify the refusal in writing to the court.
(3) The court may thereupon inquire into the case, and, after hearing any witnesses
who may be produced against or on behalf of the alleged offender and after hearing
any statement which may be offered in defence, the court may punish the offender in
like manner as if he had been guilty of contempt of court."
50.
Contempt of court in this context may be punished by the
imposition of a fine or by committal to prison for a period not exceeding
two years.
C. Provisions of the Police and Criminal Evidence Act 1984 and the
Criminal Justice Act 1987
51. Section 76 of the Police and Criminal Evidence Act 1984 (PACE)
provides as relevant:
"1. In any proceedings a confession made by an accused person may be given in
evidence against him in so far as it is relevant to any matter in issue in the proceedings
and is not excluded by the court in pursuance of this section.
2. If, in any proceedings where the prosecution proposes to give in evidence a
confession made by an accused person, it is represented to the court that the
confession was or may have been obtained -
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