Other provisions about offences

12Offences under this Act: territorial application

1

An offence is committed under section 1, 2 or 6 in England and Wales, Scotland or Northern Ireland if any act or omission which forms part of the offence takes place in that part of the United Kingdom.

2

Subsection (3) applies if—

a

no act or omission which forms part of an offence under section 1, 2 or 6 takes place in the United Kingdom,

b

a person's acts or omissions done or made outside the United Kingdom would form part of such an offence if done or made in the United Kingdom, and

c

that person has a close connection with the United Kingdom.

3

In such a case—

a

the acts or omissions form part of the offence referred to in subsection (2)(a), and

b

proceedings for the offence may be taken at any place in the United Kingdom.

4

For the purposes of subsection (2)(c) a person has a close connection with the United Kingdom if, and only if, the person was one of the following at the time the acts or omissions concerned were done or made—

a

a British citizen,

b

a British overseas territories citizen,

c

a British National (Overseas),

d

a British Overseas citizen,

e

a person who under the British Nationality Act 1981 was a British subject,

f

a British protected person within the meaning of that Act,

g

an individual ordinarily resident in the United Kingdom,

h

a body incorporated under the law of any part of the United Kingdom,

i

a Scottish partnership.

5

An offence is committed under section 7 irrespective of whether the acts or omissions which form part of the offence take place in the United Kingdom or elsewhere.

6

Where no act or omission which forms part of an offence under section 7 takes place in the United Kingdom, proceedings for the offence may be taken at any place in the United Kingdom.

7

Subsection (8) applies if, by virtue of this section, proceedings for an offence are to be taken in Scotland against a person.

8

Such proceedings may be taken—

a

in any sheriff court district in which the person is apprehended or in custody, or

b

in such sheriff court district as the Lord Advocate may determine.

9

In subsection (8) “sheriff court district” is to be read in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.