Part 8Investigations

Chapter 2England and Wales and Northern Ireland

Customer information orders

367 Statements

(1)

A statement made by a financial institution in response to a customer information 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 2 or 4,

(b)

on a prosecution for an offence under section 366(1) or (3), or

(c)

on a prosecution for some other 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.