Part 1Offence as to domestic abuse

Engaging in course of abusive behaviour

I13Extra-territorial jurisdiction

1

An offence under section 1(1) can be constituted by a course of behaviour engaged in by A even if the course of behaviour occurs wholly or partly outside the United Kingdom.

2

If the course of behaviour occurs wholly outside the United Kingdom—

a

A may be prosecuted, tried and punished for the offence—

i

in a sheriff court district in which A is apprehended or in custody, or

ii

in a sheriff court district that is determined by the Lord Advocate,

as if the offence has been committed entirely in that district,

b

the offence is, for all things incidental to or consequential on trial and punishment, deemed to have been committed entirely in that district.

3

Subsections (1) and (2) apply only if A, when the course of behaviour occurs—

a

is habitually resident in Scotland, or

b

is a UK national.

4

UK national” means someone who is, as referred to in the British Nationality Act 1981—

a

a British citizen,

b

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

c

a British subject or a British protected person.