Part 8Investigations

Chapter 3Scotland

Account monitoring orders

I1406 Statements

1

A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.

2

But subsection (1) does not apply—

a

in the case of proceedings under Part 3;

b

in the case of proceedings for contempt of court, or

c

on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in subsection (1).

3

A statement may not be used by virtue of subsection (2)(c) against a financial institution unless—

a

evidence relating to it is adduced, or

b

a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.