The Criminal Justice (Northern Ireland) Order 1996

Relevance of external law

43.—(1) A person is guilty of an offence triable by virtue of Article 3A of the [1983 NI 13.] Criminal Attempts and Conspiracy (Northern Ireland) Order 1983, or by virtue of Article 42(2), only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.

(2) A person is guilty of an offence triable by virtue of Article 9A of that Order, or by virtue of Article 42(3), only if the pursuit of the agreed course of conduct would at some stage involve—

(a) an act or omission by one or more of the parties, or

(b) the happening of some other event,

constituting an offence under the law in force where the act, omission or other event was intended to take place.

(3) Conduct punishable under the law in force in any place is an offence under that law for the purposes of this Article, however it is described in that law.

(4) Subject to paragraph (6), a condition specified in paragraph (1) or (2) shall be taken to be satisfied unless, not later than Crown Court rules or magistrates' court rules may provide, the defence serve on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the relevant conduct, 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.

(5) In paragraph (4) “the relevant conduct” means—

(a) where the condition in paragraph (1) is in question, what the defendant had in view; and

(b) where the condition in paragraph (2) is in question, the agreed course of conduct.

(6) 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 paragraph (4).

(7) In the Crown Court, the question whether the condition is satisfied shall be decided by the judge alone.

(8) In Article 8(3) of the [1988 NI 16] Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (preparatory hearing in a case of serious fraud), after sub-paragraph (a) there shall be inserted—

“(aa) a question arising under Article 43 of the Criminal Justice (Northern Ireland) Order 1996 (relevance of external law to certain charges of conspiracy, attempt and incitement); and”.