Part 1Transplantation etc.
Trafficking
20AF1Offences 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).