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Sexual Offences (Scotland) Act 2009

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[F154AOffences committed outside ScotlandS

This section has no associated Explanatory Notes

(1)If a person does an act elsewhere in the United Kingdom which would, if it had been done in Scotland, constitute a listed offence then the person commits that offence.

(2)However, a person who is not a habitual resident of Scotland commits an offence by virtue of subsection (1) only if the act would also constitute an offence under the law in force in the country where it took place.

(3)For the purposes of subsection (2), an act punishable under the law in force in the country is an offence under that law however it is described in that law.

(4)The condition specified in subsection (2) is to be taken to be 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 act in question, 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)A person may be prosecuted, tried and punished for any offence to which this section applies—

(a)in any sheriff court district in Scotland in which the person is apprehended or in custody, or

(b)in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district; and the offence is, for all purposes incidental to or consequential on trial or punishment, to be deemed to have been committed in that district.

(8)In this section—

  • habitual resident of Scotland” means an individual who was at the time the act mentioned in subsection (1) took place habitually resident in Scotland,

  • listed offence” means an offence listed in Part 2 of schedule 4,

  • sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.]

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