Part 1Espionage, sabotage and persons acting for foreign powers

Supplementary provision

36Offences committed outside the United Kingdom

1

Where an offence under this Part may be committed by conduct taking place outside the United Kingdom, it may be so committed—

a

in the case of conduct by an individual, whatever the nationality of the individual, and

b

in the case of conduct by a person other than an individual, regardless of whether the body corporate or unincorporated association is formed or recognised under the law of a country or territory outside the United Kingdom.

2

Subsection (1) is subject to sections 3(6) and 17(6) (commission of offences under sections 3 and 17 by conduct outside the United Kingdom).

3

Where an offence under this Part is committed outside the United Kingdom—

a

proceedings for the offence may be taken at any place in the United Kingdom, and

b

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

4

In the application of subsection (3) to Scotland, any such proceedings against a person may be taken—

a

in any sheriff court district in which the person is apprehended or is in custody, or

b

in such sheriff court district as the Lord Advocate may determine.

5

“Sheriff court district”  is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).