Coroners and Justice Act 2009

Domestic service providers: extension of liability E+W+N.I.

1 (1) This paragraph applies where a service provider is established in England and Wales (an “E&W service provider”). E+W+N.I.

(2) Section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in another's suicide) applies to an E&W service provider who—

(a) does an act, in an EEA state other than the United Kingdom, which is capable of encouraging or assisting the suicide or attempted suicide of another person and which is intended to encourage or assist suicide or an attempt at suicide, and

(b) does that act in the course of providing information society services,

as well as to persons (of any description) who do such acts in England and Wales.

(3) In the case of an offence under that section, as it applies to an E&W service provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place in England and Wales, and

(b) the offence may for all incidental purposes be treated as having been committed at any such place.

(4) Nothing in this paragraph is to be read as affecting the operation of any of paragraphs 4 to 6.

Commencement Information

I1 Sch. 12 para. 1 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 22

2 (1) This paragraph applies where a service provider is established in Northern Ireland (a “NI service provider”). E+W+N.I.

(2) Section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (criminal liability for complicity in another's suicide) applies to a NI service provider who—

(a) does an act, in an EEA state other than the United Kingdom, which is capable of encouraging or assisting the suicide or attempted suicide of another person and which is intended to encourage or assist suicide or an attempt at suicide, and

(b) does that act in the course of providing information society services,

as well as to persons (of any description) who do such acts in Northern Ireland.

(3) In the case of an offence under that section, as it applies to a NI service provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place in Northern Ireland, and

(b) the offence may for all incidental purposes be treated as having been committed at any such place.

(4) Nothing in this paragraph is to be read as affecting the operation of any of paragraphs 4 to 6.

Commencement Information

I2 Sch. 12 para. 2 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 22