Part 2Investigations, prosecutions, proceedings and proceeds of crime
Chapter 2Offenders assisting investigations and prosecutions
I171Assistance by offender: immunity from prosecution
1
If a specified prosecutor thinks that for the purposes of the investigation or prosecution of F2an indictable offence or an offence triable either way it is appropriate to offer any person immunity from prosecution F3for any offence he may give the person a written notice under this subsection (an “immunity notice”).
2
If a person is given an immunity notice, no proceedings for an offence of a description specified in the notice may be brought against that person in England and Wales or Northern Ireland except in circumstances specified in the notice.
3
An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.
4
Each of the following is a specified prosecutor—
a
the Director of Public Prosecutions;
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the Director of the Serious Fraud Office;
d
the Director of Public Prosecutions for Northern Ireland;
daa
the Prudential Regulation Authority;
dab
the Bank of England, where the indictable offence or offence triable either way which is being investigated or prosecuted is an offence under the Financial Services and Markets Act 2000;
db
the F12Secretary of State for Business, Energy and Industrial Strategy , acting personally;
e
a prosecutor designated for the purposes of this section by a prosecutor mentioned in paragraphs (a) to F5(db).
5
The Director of Public Prosecutions or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in Northern Ireland.
6
The Director of Public Prosecutions for Northern Ireland or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in England and Wales.
F16A
In exercising the power to designate a prosecutor under subsection (4)(e), the F8Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England and the F13Secretary of State for Business, Energy and Industrial Strategy may each designate only—
a
one prosecutor (a “chief prosecutor”) to act at any one time, and
b
an alternative prosecutor (a “deputy prosecutor”) to act as a specified prosecutor—
i
when the chief prosecutor is unavailable, or
ii
during any period when no chief prosecutor is designated.
F66B
Paragraph 8(1) of Schedule 1ZA F15... to the Financial Services and Markets Act 2000 (arrangements for discharging functions) F16and paragraph 17(1) of Schedule 6A to the Bank of England Act 1998 (delegation of functions) do not apply to the exercise of the powers conferred on the Financial Conduct Authority or the Prudential Regulation Authority under this Chapter.
6BA
Paragraph 11 of Schedule 1 to the Bank of England Act 1998 (power to delegate) does not apply to the exercise of the powers conferred on the Bank of England under this Chapter.
6C
An immunity notice may be given by the F9Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England, the F14Secretary of State for Business, Energy and Industrial Strategy or a prosecutor designated by F10any of them under subsection (4)(e), only with the consent of the Attorney General.
7
An immunity notice must not be given in relation to an offence under section 188 of the Enterprise Act 2002 (c. 40) (cartel offences).