Nuclear Material (Offences) Act 1983

[F1 2A Inchoate and secondary offences: extended jurisdiction U.K.

(1) If a person, whatever his nationality—

(a) does an act outside the United Kingdom, and

(b) his act, if done in any part of the United Kingdom, would constitute an offence falling within subsection (2),

he shall be guilty in that part of the United Kingdom of the offence.

(2) The offences are—

(a) attempting to commit a nuclear offence;

(b) conspiring to commit a nuclear offence;

(c) inciting the commission of a nuclear offence;

(d) aiding, abetting, counselling or procuring the commission of a nuclear offence.

(3) In subsection (2) a “nuclear offence” means any of the following (wherever committed)—

(a) an offence mentioned in section 1(1)(a) to (d) above (other than a blackmail offence), the commission of which is (or would have been) in relation to or by means of nuclear material;

(b) an offence mentioned in section 1(1)(a) or (b) above, the commission of which involves (or would have involved) an act—

(i) directed at a nuclear facility, or which interferes with the operation of such a facility, and

(ii) which causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material;

(c) an offence under section 1B, 1C or 2(1) and (2) or (3) above;

(d) an offence under section 50(2) or (3), 68(2) or 170(1) or (2) of the Customs and Excise Management Act 1979 the commission of which is (or would have been) in connection with a prohibition or restriction relating to the exportation, shipment as stores or importation of nuclear material;

(e) for the purposes of subsection (2)(b) to (d)—

(i) a blackmail offence, the commission of which is in relation to or by means of nuclear material;

(ii) an offence under section 2(1) and (4) or (7) above;

(iii) an offence of attempting to commit an offence mentioned in paragraphs (a) to (d).

(4) In subsection (3) “a blackmail offence” means—

(a) an offence under section 21 of the Theft Act 1968,

(b) an offence under section 20 of the Theft Act (Northern Ireland) 1969, or

(c) an offence of extortion.

(5) In subsection (2)(c) the reference to incitement is—

(a) a reference to incitement under the law of Scotland, or

(b) in relation to any time before the coming into force of Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to England and Wales or Northern Ireland, a reference to incitement under the common law of England and Wales or (as the case may be) of Northern Ireland.]

Textual Amendments

F1 Ss. 2, 2A substituted for s. 2 (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 4 (with Sch. 27 para. 26); S.I. 2009/3074, art. 2(q)

Modifications etc. (not altering text)

C1 Ss. 1-4 extended (Isle of Man) (with modifications) (10.12.2009) by The Nuclear Material (Offences) Act 1983 (Isle of Man) Order 2009 (S.I. 2009/3203), arts. 1, 3, Sch.