Domestic Abuse Act 2021

Offences committed outside the UK

72 Offences against the person committed outside the UK: England and Wales

(1) If—

(a) a person who is a United Kingdom national or is habitually resident in England and Wales 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 England and Wales, would constitute an offence to which this subsection applies,

the person is guilty in England and Wales 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 1 of the Infant Life (Preservation) Act 1929 (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 England and Wales.

(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;

• “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.

73 Offences 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—

  (a)

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

  (b)

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

• “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.

(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.

74 Amendments relating to offences committed outside the UK

(1) Part 1 of Schedule 3 contains amendments to provide for extra-territorial jurisdiction over certain other offences under the law of England and Wales.

(2) Part 2 of Schedule 3 contains amendments to provide for extra-territorial jurisdiction over certain offences under the law of Scotland.

(3) Part 3 of Schedule 3 contains amendments to provide for extra-territorial jurisdiction over certain other offences under the law of Northern Ireland.