Section 367 StatementsI1C1C2C3C4
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.
But subsection (1) does not apply—
in the case of proceedings under Part 2 or 4,
on a prosecution for an offence under section 366(1) or (3), or
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).
A statement may not be used by virtue of subsection (2)(c) against a financial institution unless—
evidence relating to it is adduced, or
a question relating to it is asked,
by or on behalf of the financial institution in the proceedings arising out of the prosecution.
Annotations
Modifications
- C1
S. 367 applied (with modifications) (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, 30(1), (3)
- C2
S. 367 applied (with modifications) (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, 29(1)(3), 30(1)(3)
- C3
S. 367 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, 19(3)
- C4
S. 367 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, 9(3), 19(3)
Commencement
- I1
S. 367 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)
Notes on Chapter 2
Modifications
- C1
Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)