Sexual Offences (Conspiracy and Incitement) Act 1996

3 Sections 1 and 2: supplementary

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

(2) Subject to subsection (3), a condition in section 1(3) or 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 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.

(3) In subsection (2) “the relevant conduct” means—

(a) where the condition in section 1(3) is in question, the agreed course of conduct, and

(b) where the condition in section 2(1)(c) is in question, what the accused had in view.

(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 1 or 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.

(7) References to an offence of conspiracy to commit a listed sexual offence include an offence triable in England and Wales as such a conspiracy by virtue of section 1 (without prejudice to subsection (6) of that section).

(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) Subsections (7) and (8) apply to references in any enactment, instrument or document (except those in sections 1 and 2 of this Act and in Part I of the [1977 c. 45.] Criminal Law Act 1977).