2(1)This paragraph applies if—E+W+N.I.
(a)paragraph 1 does not apply;
(b)any relevant behaviour of D's takes place wholly or partly in England or Wales;
(c)D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and
(d)what D anticipates would amount to an offence under the law in force in that place.
(2)The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—
(a)stating that on the facts as alleged the condition is not in their opinion satisfied;
(b)showing their grounds for that opinion; and
(c)requiring the prosecution to show that it is satisfied.
(3)The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without prior service of a notice under sub-paragraph (2).
(4)In the Crown Court, the question whether the condition is satisfied is to be decided by the judge alone.
(5)An act punishable under the law in force in any place outside England and Wales constitutes an offence under that law for the purposes of this paragraph, however it is described in that law.
Commencement Information
I1Sch. 4 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)