Article 26 StatementsI1

England, Wales and Northern Ireland

(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 paragraph (1) does not apply—

(a)

in the case of proceedings under Part 2 or 4 of the Act,

(b)

on a prosecution for an offence under article 25(1) or (3) of this Order,

(c)

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

(d)

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

(3)

A statement may not be used by virtue of paragraph (2)(d) 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.

Annotations

Commencement

I1: Art. 26 in force at 13.8.2014, see art. 1(b)