SCHEDULES

SCHEDULE 3Amendments relating to offences committed outside the UK

PART 1England and Wales

Protection from Harassment Act 1997

1

In the Protection from Harassment Act 1997, after section 4A insert—

4BOffences under sections 4 and 4A committed outside the United Kingdom

1

If—

a

a person's course of conduct consists of or includes conduct in a country outside the United Kingdom,

b

the course of conduct would constitute an offence under section 4 or 4A if it occurred in England and Wales, and

c

the person is a United Kingdom national or is habitually resident in England and Wales,

the person is guilty in England and Wales of that offence.

2

In this section—

  • “country” includes territory;

  • “United Kingdom national” means an individual who is—

    1. a

      a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

    2. b

      a person who under the British Nationality Act 1981 is a British subject, or

    3. c

      a British protected person within the meaning of that Act.

Sexual Offences Act 2003

2

1

The Sexual Offences Act 2003 is amended as follows.

2

In section 72 (offences outside the United Kingdom)—

a

in subsections (1)(b) and (2)(c), for “section” substitute “ subsection ”;

b

in subsection (3)(c), for “section” substitute “ subsection ”;

c

in subsection (10), for “this section applies” substitute “ subsections (1) to (3) apply ”.

3

In Schedule 2 (sexual offences to which section 72 applies)—

a

in the heading, for “section 72” substitute “ section 72(1) to (3) ”;

b

in paragraph 1, in the opening words, for “section 72 applies” substitute “ subsections (1), (2) and (3) of section 72 apply ”;

c

after paragraph 1 insert—

1A

In relation to England and Wales, subsections (1) and (2) of section 72 also apply to an offence under any of sections 1 to 4 where the victim of the offence was 18 or over at the time of the offence.

d

in paragraph 3, after “paragraph 1” insert “ or 1A ”.

Serious Crime Act 2015

3

In the Serious Crime Act 2015, after section 76 (controlling or coercive behaviour in an intimate or family relationship) insert—

76AOffences under section 76 committed outside the United Kingdom

1

If—

a

a person's behaviour consists of or includes behaviour in a country outside the United Kingdom,

b

the behaviour would constitute an offence under section 76 if it occurred in England and Wales, and

c

the person is a United Kingdom national or is habitually resident in England and Wales,

the person is guilty in England and Wales of that offence.

2

In this section—

  • “country” includes territory;

  • “United Kingdom national” means an individual who is—

    1. a

      a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

    2. b

      a person who under the British Nationality Act 1981 is a British subject, or

    3. c

      a British protected person within the meaning of that Act.