- Latest available (Revised)
- Original (As enacted)
Sexual Offences (Scotland) Act 2009
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes to legislation:
There are currently no known outstanding effects for the Sexual Offences (Scotland) Act 2009, Section 54.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
54[F1Incitement to commit certain sexual acts outside Scotland]S
This section has no associated Explanatory Notes
(1)If a person does an act in Scotland which would amount to the offence of incitement to commit a listed offence but for the fact that what the person had in view (referred to in this section as “the relevant conduct”) is intended to occur in a country outside [F2Scotland] , then—
(a)the relevant conduct is to be treated as the listed offence, and
(b)the person accordingly commits the offence of incitement to commit the listed offence.
[F3(2)However—
(a)a person who is not a habitual resident of Scotland commits an offence by virtue of subsection (1) in respect of relevant conduct intended to occur elsewhere in the United Kingdom only if, and
(b)a person who is not a UK national commits an offence by virtue of subsection (1) in respect of relevant conduct intended to occur outside the United Kingdom only if,
the condition in subsection (2A) is met.
(2A)That condition is that the relevant conduct would also involve the commission of an offence under the law in force in the country where the whole or any part of it was intended to take place.]
(3)Conduct punishable under the law in force in the country is an offence under that law for the purposes of subsection [F4(2A)] however it is described in that law.
(4)The condition specified in subsection [F5(2A)] is to be taken as satisfied unless, not later than such time as may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice—
(a)stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in the accused's opinion satisfied,
(b)setting out the grounds for the accused's opinion, and
(c)requiring the prosecutor to prove that the condition is satisfied.
(5)But the court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under that subsection.
(6)In proceedings on indictment, the question whether the condition is satisfied is to be determined by the judge alone.
(7)Any act of incitement by means of a message (however communicated) is to be treated as done in Scotland if the message is sent or received in Scotland.
(8)In this section—
“country” includes territory,
“listed offence” means an offence listed in Part 1 of schedule 4,
[F6“habitual resident of Scotland” means an individual who was at the time the act mentioned in subsection (1) took place habitually resident in Scotland,]
“UK national” means an individual who was at the time the [F7act mentioned in subsection (1)] took placeF8...—
(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b)a person who under the British Nationality Act 1981 is a British subject, or
(c)a British protected person within the meaning of that Act.
Textual Amendments
F1S. 54 heading substituted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 7(7), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2
F2Word in s. 54(1) substituted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 7(2), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2
F3S. 54(2)(2A) substituted for s. 54(2) (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 7(3), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2
F4Word in s. 54(3) substituted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 7(4), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2
F5Word in s. 54(4) substituted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 7(5), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2
F6Words in s. 54(8) inserted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 7(6)(a), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2
F7Words in s. 54(8) substituted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 6 (with s. 44); S.S.I. 2017/93, reg. 2
F8Words in s. 54(8) omitted (24.4.2017) by virtue of Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 7(6)(b), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.