Part 8

Investigations
Chapter 3

Scotland

Account monitoring orders

Statements
406
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.
S. 406 applied (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 22(5)
S. 406 applied (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 12(5), 22(5)
S. 406 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)