Part VII
- (a) at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
- (b) before being questioned the accused was permitted to consult a solicitor.
(3) Subsection (4) also applies where evidence is given that—
- (a) on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
- (b) before being charged or informed the accused was permitted to consult a solicitor.
(4) Where this subsection applies—
- (a) the court, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but
- (b) the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the inferences.
(5) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.
Sections 108 and 109: supplementary. 110.—(1) Nothing in section 108 or 109 shall—
- (a) prejudice the admissibility of evidence admissible apart from that section,
- (b) preclude the drawing of inferences which could be drawn apart from that section, or
- (c) prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).
(2) In subsection (1)(c) the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery, producing documents or otherwise).
Forfeiture orders. 111.—(1) This section applies if—
- (a) a person is convicted of an offence under section 11 or 12, and
- (b) at the time of the offence he belonged to an organisation which was a specified organisation.
(2) The court by or before which the person is convicted may order the forfeiture of any money or other property if—
- (a) he had it in his possession or under his control at the time of the offence, and
