PART 6Offences involving abusive or violent behaviour

Offences committed outside the UK

I173Offences against the person committed outside the UK: Northern Ireland

1

If—

a

a person who is a United Kingdom national or is habitually resident in Northern Ireland does an act in a country outside the United Kingdom,

b

the act constitutes an offence under the law in force in that country, and

c

the act, if done in Northern Ireland, would constitute an offence to which this subsection applies,

the person is guilty in Northern Ireland of that offence.

2

The offences to which subsection (1) applies are—

a

murder;

b

manslaughter;

c

an offence under section 18, 20 or 47 of the Offences Against the Person Act 1861 (offences relating to bodily harm or injury);

d

an offence under section 23 or 24 of that Act (administering poison);

e

an offence under section 25 of the Criminal Justice Act (Northern Ireland) 1945 (child destruction).

3

Subsection (1) does not apply where a person would, in the absence of that subsection, be guilty of an offence of murder or manslaughter under the law of Northern Ireland.

4

An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsection (1)(b) however it is described in that law.

5

The condition in subsection (1)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

a

stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,

b

showing the grounds for that opinion, and

c

requiring the prosecution to prove that it is met.

6

But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (5).

7

In the Crown Court the question whether the condition is met is to be decided by the judge alone.

8

In this section—

  • “act” includes a failure to act;

  • “country” includes territory;

  • “rules of court” means—

    1. a

      in relation to proceedings in a magistrates' court, magistrates' court rules;

    2. b

      in relation to proceedings in the Crown Court, Crown Court rules;

  • “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.

9

The Interpretation Act (Northern Ireland) 1954 applies for the purposes of this section as it applies to an Act of the Northern Ireland Assembly.