6 Relevance of external law.E+W
(1)A person is guilty of an offence triable F1. . . by virtue of section 5(3), only if the pursuit of the agreed course of conduct would at some stage involve—
(a)an act or omission by one or more of the parties, or
(b)the happening of some other event,
constituting an offence under the law in force where the act, omission or other event was intended to take place.
(2)A person is guilty of an offence triable by virtue of section 1A of the M1Criminal Attempts Act 1981, or by virtue of section 5(4), only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.
(3)Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.
(4)Subject to subsection (6), a condition specified in subsection (1) or (2) shall be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—
(a)stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;
(b)showing their grounds for that opinion; and
(c)requiring the prosecution to show that it is satisfied.
(5)In subsection (4) “the relevant conduct” means—
(a)where the condition in subsection (1) is in question, the agreed course of conduct; and
(b)where the condition in subsection (2) is in question, what the defendant had in view.
(6)The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (4).
(7)In the Crown Court, the question whether the condition is satisfied shall be decided by the judge alone.
(8)The following paragraph shall be inserted in section 9(3) of the M2Criminal Justice Act 1987 (preparatory hearing in a case of serious fraud), before paragraph (b)—
“(aa)a question arising under section 6 of the Criminal Justice Act 1993 (relevance of external law to certain charges of conspiracy, attempt and incitement);”.
Textual Amendments
F1Words in s. 6(1) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 7(2), Sch. 2 Pt. II (with s. 9(3))
Marginal Citations