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.