Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

England and Wales and Northern Ireland E+W+N.I.

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+N.I.

Textual Amendments

F1 S. 1 repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(1), Sch. 2 Pt. II (with s. 9(3)).

2 Incitement to commit certain sexual acts outside the United Kingdom. E+W+N.I.

(1) This section applies where—

(a) any act done by a person in England and Wales would amount to the offence of incitement to commit a listed sexual offence but for the fact that what he had in view would not be an offence triable in England and Wales,

(b) the whole or part of what he had in view was intended to take place in a country or territory outside the United Kingdom, and

(c) what he had in view would involve the commission of an offence under the law in force in that country or territory.

(2) Where this section applies—

(a) what he had in view is to be treated as that listed sexual offence for the purposes of any charge of incitement brought in respect of that act, and

(b) any such charge is accordingly triable in England and Wales.

(3) Any act [F2 done] by means of a message (however communicated) is to be treated as done in England and Wales if the message is sent or received in England and Wales.

Textual Amendments

F2 Word in s. 2(3) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 60 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Modifications etc. (not altering text)

C1 S. 2(1)(2) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 30(a) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

3 Sections 1 and 2: supplementary. E+W+N.I.

(1) Conduct punishable under the law in force in any country or territory is an offence under that law for the purposes of [F3 section 2], however it is described in that law.

(2) Subject to subsection (3), a condition in section F4 . . . 2(1)(c) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to [F5 what the accused had in view], the condition is not in their opinion satisfied,

(b) showing their grounds for that opinion, and

(c) requiring the prosecution to show that it is satisfied.

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (2).

(5) In the Crown Court the question whether the condition is satisfied is to be decided by the judge alone.

(6) In any proceedings in respect of any offence triable by virtue of section F7 . . .2, it is immaterial to guilt whether or not the accused was a British citizen at the time of any act or other event proof of which is required for conviction of the offence.

F8 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) References to an offence of incitement to commit a listed sexual offence include an offence triable in England and Wales as such an incitement by virtue of section 2 (without prejudice to subsection (2) of that section).

(9) [F9 Subsection (8) applies] to references in any enactment, instrument or document (except those in [F9 section 2] of this Act and in Part I of the M1 Criminal Law Act 1977).

Textual Amendments

F3 Words in s. 3(1) substituted (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(a) (with s. 9(3)).

F4 Words in s. 3(2) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(b)(i), Sch. 2 Pt. II (with s. 9(3)).

F5 Words in s. 3(2) substituted (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(b)(ii) (with s. 9(3)).

F6 S. 3(3) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(c), Sch. 2 Pt. II (with s. 9(3)).

F7 Words in s. 3(6) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(d), Sch. 2 Pt. II (with s. 9(3)).

F8 S. 3(7) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(e), Sch. 2 Pt. II (with s. 9(3)).

F9 Words in s. 3(9) substituted (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(f)(with s. 9(3)).

Modifications etc. (not altering text)

C2 S. 3(8) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 30(b) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Marginal Citations

M1 1977 c. 45.

4 Northern Ireland. N.I.

In the application of the preceding provisions to Northern Ireland—

(a) any reference to England and Wales is to Northern Ireland,

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S. 4(b)(c) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(3), Sch. 2 Pt. II (with s. 9(3)).

5 Interpretation. E+W+N.I.

In this Act “listed sexual offence” has the meaning given by the Schedule.