32AOffences under section 32 committed outside UK

1

If—

a

a person who is habitually resident in England and Wales, or who is a UK national and not habitually resident in Northern Ireland, does an act outside the United Kingdom,

b

the act, if done in England and Wales, would constitute an offence under section 32(1), and

c

the controlled material to which the act relates is controlled material consisting of or including a human organ,

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

2

In this section “United Kingdom national” means an individual who is—

a

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

b

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

c

a British protected person within the meaning of that Act.

20AOffences under section 20 committed outside UK

1

If—

a

a person who is habitually resident in Scotland, or who is a UK national and not habitually resident in Northern Ireland, does an act outside the United Kingdom, and

b

the act, if done in Scotland, would constitute an offence under section 20(1), and

c

the part of the human body to which the act relates consists of or includes a human organ,

the person is guilty in Scotland of that offence.

2

In this section “United Kingdom national” means an individual who is—

a

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

b

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

c

a British protected person within the meaning of that Act.

3

Where a person outside the United Kingdom commits an offence under section 20(1) the person may be prosecuted, tried and punished for the offence—

a

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

b

in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

4

Where subsection (3) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

5

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