Criminal Law (Consolidation) (Scotland) Act 1995

[F1 16B Commission of certain sexual acts outside the United Kingdom. S

(1) Subject to subsection (2) below, any act done by a person in a country or territory outside the United Kingdom which—

(a) constituted an offence under the law in force in that country or territory; and

(b) would constitute a listed sexual offence if it had been done in Scotland,

shall constitute that sexual offence.

(2) No proceedings shall by virtue of this section be brought against any person unless he was at the commencement of this section, or has subsequently become, a British citizen or resident in the United Kingdom.

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

(4) Subject to subsection (5) below, the condition in subsection (1)(a) above shall be taken to be satisfied unless, not later than may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice—

(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion satisfied;

(b) setting out the grounds for that opinion; and

(c) requiring the prosecutor to prove that it is satisfied.

(5) The court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under subsection (4) above.

(6) In proceedings on indictment, the question whether the condition is satisfied is to be decided by the judge alone.

[F2 (6A) A person may be proceeded against, indicted, tried and punished for any offence to which this section applies—

(a) in any sheriff court district in Scotland in which he is apprehended or is in custody; or

(b) in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district; and the offence shall, for all purposes incidental to or consequential on trial or punishment, be deemed to have been committed in that district.

(6B) In subsection (6A) above, “sheriff court district” shall be construed in accordance with section 307(1)(interpretation) of the Criminal Procedure (Scotland) Act 1995 (c. 46).]

(7) Subject to subsection (8) below, in this section “listed sexual offence” means any of the following—

(a) rape of a girl under the age of 16;

(b) indecent assault of a person under the age of 16;

(c) lewd, indecent or libidinous behaviour or practices;

(d) shamelessly indecent conduct involving a person under the age of 16;

(e) sodomy with or against a boy under the age of 16;

(f) an offence under section 5(1) or (2) of this Act (unlawful sexual intercourse with a girl under the age of 13);

(g) an offence under section 5(3) of this Act (unlawful sexual intercourse with a girl under the age of 16);

(h) an offence under section 6 of this Act (indecent behaviour towards a girl between the age of 12 and 16);

(i) an offence under section 13(5) or (6) of this Act where the homosexual act involves a person under the age of 16 (prohibition on certain homosexual acts); and

(j) an offence under section 52 of the M1 Civic Government (Scotland) Act 1982 (taking and distribution of indecent images of children).

(8) “Listed sexual offence” includes—

(a) any conspiracy or incitement to commit any such offence; and

(b) any offence under section 293(2) of the M2 Criminal Procedure (Scotland) Act 1995 (aiding and abetting etc. the commission of statutory offences) relating to any offence mentioned in subsection (7)(f) to (j) above.]

Textual Amendments

F1 S. 16B inserted (1.9.1997) by 1997 c. 51, s. 8 (with s. 10(3); S.I. 1997/1920, art. 2

F2 S. 16B(6A)(6B) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(2)(c), 89; S.S.I. 2003/288, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 16B continued (20.11.2003) by Sexual Offences Act 2003 (c. 42), ss. 141, 142(5)

Marginal Citations

M1 1982 c.45.

M2 1995 c.46.