Part 1Offences

Incidental provisions about offences

I117Commission of offences abroad

1

If—

a

a person does anything outside the United Kingdom, and

b

his action, if done in a part of the United Kingdom, would constitute an offence falling within subsection (2),

he shall be guilty in that part of the United Kingdom of the offence.

2

The offences falling within this subsection are—

a

an offence under section 1 F3or 2F1... of this Act F4...;

b

an offence under F2section 5 or 6 or any of sections 8 to 11 of this Act;

c

an offence under section 11(1) of the Terrorism Act 2000 (c. 11) (membership of proscribed organisations);

F5ca

an offence under section 12(1) or (1A) of that Act (inviting or expressing support for proscribed organisation);

cb

an offence under section 13 of that Act (uniform etc associated with proscribed organisation);

d

an offence under section 54 of that Act (weapons training);

F6da

an offence under section 4 of the Explosive Substances Act 1883 (making or possessing explosives under suspicious circumstances) so far as committed for the purposes of an act of terrorism;

e

conspiracy to commit an offence falling within this subsection;

C1f

inciting a person to commit such an offence;

g

attempting to commit such an offence;

h

aiding, abetting, counselling or procuring the commission of such an offence.

3

Subsection (1) applies irrespective of whether the person is a British citizen F7(subject to subsection (3A)) or, in the case of a company, a company incorporated in a part of the United Kingdom.

F83A

Subsection (1) applies in the case of an offence falling within subsection (2)(ca) or (cb) only if at the time of committing the offence the person is a United Kingdom national or a United Kingdom resident.

3B

In subsection (3A)—

  • “United Kingdom national” means an individual who is—

    1. a

      a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

    2. b

      a person who under the British Nationality Act 1981 is a British subject, or

    3. c

      a British protected person within the meaning of that Act;

  • “United Kingdom resident” means an individual who is resident in the United Kingdom.

4

In the case of an offence falling within subsection (2) which is committed wholly or partly outside the United Kingdom—

a

proceedings for the offence may be taken at any place in the United Kingdom; and

b

the offence may for all incidental purposes be treated as having been committed at any such place.

5

In section 3(1)(a) and (b) of the Explosive Substances Act 1883 (c. 3) (offences committed in preparation for use of explosives with intent to endanger life or property in the United Kingdom or the Republic of Ireland), in each place, for “the Republic of Ireland” substitute “ elsewhere ”.

6

Subsection (5) does not extend to Scotland except in relation to—

a

the doing of an act as an act of terrorism or for the purposes of terrorism; or

b

the possession or control of a substance for the purposes of terrorism.