Part VI U.K. Miscellaneous

[F1 Extra-territorial jurisdiction for other terrorist offences etc.] U.K.

Textual Amendments

F1 Ss. 63A-63E and preceding cross-heading inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 52; S.I. 2004/786, art. 3

63C Terrorist attacks abroad on UK nationals, residents and diplomatic staff etc: jurisdiction U.K.

(1) If—

(a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism,

(b) his action is done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person, and

(c) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2),

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

(2) These are the offences—

(a) murder, manslaughter, culpable homicide, rape, assault causing injury, assault to injury, kidnapping, abduction or false imprisonment,

(b) an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or 64 of the Offences against the Person Act 1861,

(c) an offence under section 1, 2, 3, 4 or 5(1) or (3) of the Forgery and Counterfeiting Act 1981,

(d) the uttering of a forged document or an offence under section 46A(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.

(3) For the purposes of this section and section 63D a person is a protected person if—

(a) he is a member of a United Kingdom diplomatic mission within the meaning of Article 1(b) of the Vienna Convention on Diplomatic Relations signed in 1961 (as that Article has effect in the United Kingdom by virtue of section 2 of and Schedule 1 to the Diplomatic Privileges Act 1964),

(b) he is a member of a United Kingdom consular post within the meaning of Article 1(g) of the Vienna Convention on Consular Relations signed in 1963 (as that Article has effect in the United Kingdom by virtue of section 1 of and Schedule 1 to the Consular Relations Act 1968),

(c) he carries out any functions for the purposes of the European Agency for the Evaluation of Medicinal Products, or

(d) he carries out any functions for the purposes of a body specified in an order made by the Secretary of State.

(4) The Secretary of State may specify a body under subsection (3)(d) only if—

(a) it is established by or under the Treaty establishing the European Community or the Treaty on European Union, and

(b) the principal place in which its functions are carried out is a place in the United Kingdom.

(5) If in any proceedings a question arises as to whether a person is or was a protected person, a certificate—

(a) issued by or under the authority of the Secretary of State, and

(b) stating any fact relating to the question,

is to be conclusive evidence of that fact.