(1)Conduct occurring in any part of the United Kingdom is unlawful conduct if it is unlawful under the criminal law of that part.
(2)Conduct which—
(a)occurs in a country [F1or territory ] outside the United Kingdom and is unlawful under the criminal law [F2applying in that country or territory], and
(b)if it occurred in a part of the United Kingdom, would be unlawful under the criminal law of that part,
is also unlawful conduct.
[F3(2A)Conduct which—
(a)occurs in a country or territory outside the United Kingdom,
(b)constitutes, or is connected with, the commission of a gross human rights abuse or violation (see section 241A), and
(c)if it occurred in a part of the United Kingdom, would be an offence triable under the criminal law of that part on indictment only or either on indictment or summarily,
is also unlawful conduct.]
(3)The court or sheriff must decide on a balance of probabilities whether it is proved—
(a)that any matters alleged to constitute unlawful conduct have occurred, or
(b)that any person intended to use any [F4cash] [F4property] in unlawful conduct.
Textual Amendments
F1Words in s. 241(2)(a) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 8(a); S.I. 2005/3136, art. 3(c)
F2Words in s. 241(2)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 8(b); S.I. 2005/3136, art. 3(c)
F3S. 241(2A) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 13(2), 58(1)(6) (with s. 13(4)); S.I. 2018/78, reg. 3(c); S.I. 2021/724, reg. 2(1)(d)
F4Word in s. 241(3)(b) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 29; S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(g)