Sexual Offences (Scotland) Act 2009

55 Offences committed outside the United Kingdom [F1 : child victims] S

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

(2) If—

(a) a UK resident does an act in a country outside the United Kingdom which would, if it had been done in Scotland, constitute a listed offence, and

(b) the act constitutes an offence under the law in force in that country,

then the UK resident commits the listed offence.

[F2 (2A) If—

(a) a person who is not a UK national or a UK resident does an act in a country outside the United Kingdom which would, if it had been done in Scotland, constitute a listed offence,

(b) the act constitutes an offence under the law in force in that country, and

(c) the person meets the nationality or residence condition at the relevant time,

proceedings may be brought against the person in Scotland for that listed offence as if the person had done the act there.

(2B) The person meets the nationality or residence condition at the relevant time if the person is a UK national or a UK resident at the time when the indictment or complaint is served on the person.]

(3) For the purposes of [F3 subsections (2)(b) and (2A)(b)] , 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)(b) [F4 or (2A)(b)] 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 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 [F5 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 is 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—

• “country” includes territory,

• “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) (interpretation) of the Criminal Procedure (Scotland) Act 1995 (c. 46),

• [F6 “UK national” means an individual who was at the time the act mentioned in subsection (1) or (2A) took place—

  (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,]

• “UK resident” means an individual who was at the time the act mentioned in subsection (2) [F7 or (2A)] took placeF8 ..., resident in the United Kingdom.

Textual Amendments

F1 Words in s. 55 heading inserted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(6), Sch. 3 para. 5(3); S.S.I. 2021/239, reg. 2

F2 S. 55(2A)(2B) inserted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 9(2), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2

F3 Words in s. 55(3) substituted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 9(3), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2

F4 Words in s. 55(4) inserted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 9(4), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2

F5 Word in s. 55(7) subsitituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 203, 206, Sch. 7 para. 86; S.S.I. 2010/413, art. 2, Sch.

F6 Words in s. 55(8) substituted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 9(5), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2

F7 Words in s. 55(8) inserted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 9(6)(a), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2

F8 Words in s. 55(8) omitted (24.4.2017) by virtue of Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 9(6)(b), 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2