(1)An offence under section 1(1) can be constituted by a course of behaviour engaged in by A even if the course of behaviour occurs wholly or partly outside the United Kingdom.
(2)If the course of behaviour occurs wholly outside the United Kingdom—
(a)A may be prosecuted, tried and punished for the offence—
(i)in a sheriff court district in which A is apprehended or in custody, or
(ii)in a sheriff court district that is determined by the Lord Advocate,
as if the offence has been committed entirely in that district,
(b)the offence is, for all things incidental to or consequential on trial and punishment, deemed to have been committed entirely in that district.
(3)Subsections (1) and (2) apply only if A, when the course of behaviour occurs—
(a)is habitually resident in Scotland, or
(b)is a UK national.
(4)“UK national” means someone who is, as referred to in the British Nationality Act 1981—
(a)a British citizen,
(b)a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, or
(c)a British subject or a British protected person.
Commencement Information
I1S. 3 in force at 1.4.2019 by S.S.I. 2018/387, reg. 2 (with reg. 4)