Scotland
6Scottish provision
After section 16 of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 there is inserted—
“16AConspiracy or incitement to commit certain sexual acts outside the United Kingdom
(1)This section applies to any act done by a person in Scotland which would amount to the offence of conspiracy or incitement to commit a listed sexual offence but for the fact that the criminal purpose or, as the case may be, what he had in view is intended to occur in a country or territory outside the United Kingdom.
(2)Where a person does an act to which this section applies, the criminal purpose or, as the case may be, what he had in view shall be treated as the listed sexual offence mentioned in subsection (1) above and he shall, accordingly, be guilty of conspiracy or, as the case may be, incitement to commit the listed sexual offence.
(3)A person is guilty of an offence by virtue of this section only if—
(a)in the case of proceedings charging conspiracy, the criminal purpose would involve at some stage—
(i)an act by him or another party to the conspiracy; or
(ii)the happening of some other event,
constituting an offence under the law in force in the country or territory where the act or other event was intended to take place; or
(b)in the case of proceedings charging incitement, what he had in view would involve the commission of an offence under the law in force in the country or territory where the whole or any part of it was intended to take place,
and conduct punishable under the law in force in the country or territory is an offence under that law for the purposes of this section however it is described in that law.
(4)Subject to subsection (6) below, a condition specified in subsection (3) above shall be taken to be satisfied unless, not later than such time as the High Court may, by Act of Adjournal, prescribe, the accused serves on the prosecutor a notice—
(a)stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in his opinion satisfied;
(b)setting out the grounds for his opinion; and
(c)requiring the prosecutor to prove that the condition is satisfied.
(5)In subsection (4) above “the relevant conduct” means—
(a)in relation to proceedings charging conspiracy, the agreement to effect the criminal purpose; and
(b)in relation to proceedings charging incitement, what the accused had in view.
(6)The court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition mentioned in subsection (4) above is satisfied without the prior service of a notice under that subsection.
(7)In proceedings on indictment, the question whether a condition is satisfied shall be determined by the judge alone.
(8)Any act of incitement by means of a message (however communicated) is to be treated as done in Scotland if the message is sent or received in Scotland.
(9)In this section “listed sexual offence” means any of the following—
(a)rape of a girl under the age of 16;
(b)indecent assault of a person under the age of 16;
(c)lewd and libidinous conduct;
(d)shamelessly indecent conduct involving a person under the age of 16;
(e)sodomy with or against a boy under the age of 16;
(f)an offence under section 5(1) or (2) of this Act (unlawful sexual intercourse with a girl under the age of 13);
(g)an offence under section 5(3) of this Act (unlawful sexual intercourse with a girl under the age of 16);
(h)an offence under section 6 of this Act (indecent behaviour towards a girl between the age of 12 and 16);
(i)an offence under section 13(5) or (6) of this Act where the homosexual act involves a person under the age of 16 (prohibition on certain homosexual acts).”