12.This section contains the first key protection for relevant information provided to the Commission. Subsection (1)(a) provides that such information shall not be admissible in evidence in any criminal proceedings, and subsection(1)(b) extends the bar on admissibility to evidence which comes to light as a result of the information being provided. The result is that where relevant information, which may or may not lead to the location of remains, leads to the recovery of other items, whether in the course of the search for the remains themselves or as a result of matters discovered during that search, all such evidence will be inadmissible in any criminal proceedings anywhere in the United Kingdom. Private prosecutions are also covered by the provision.
13.Subsection (2) creates an exception for the admission of evidence on behalf of the accused, in order to cater for the possibility that such evidence might in some circumstances be helpful to the defence.
Commentary on Sections Section 3: Admissibility of evidence in criminal proceedings