Sexual Offences (Conspiracy and Incitement) Act 1996

England and Wales and Northern Ireland

1 Conspiracy to commit certain sexual acts outside the United Kingdom

(1) Where each of the following conditions is satisfied in the case of any agreement, Part I of the [1977 c. 45.] Criminal Law Act 1977 (conspiracy) has effect in relation to the agreement as it has effect in relation to an agreement falling within section 1(1) of that Act.

(2) The first condition is that the pursuit of the agreed course of conduct would at some stage involve—

(a) an act by one or more of the parties, or

(b) the happening of some other event,

intended to take place in a country or territory outside the United Kingdom.

(3) The second condition is that that act or other event constitutes an offence under the law in force in that country or territory.

(4) The third condition is that the agreement would fall within section 1(1) of that Act as an agreement relating to the commission of a listed sexual offence but for the fact that the offence would not be an offence triable in England and Wales if committed in accordance with the parties' intentions.

(5) The fourth condition is that—

(a) a party to the agreement, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or

(b) a party to the agreement became a party in England and Wales (by joining it either in person or through an agent), or

(c) a party to the agreement, or a party’s agent, did or omitted anything in England and Wales in pursuance of the agreement.

(6) In the application of Part I of that Act to such an agreement, any reference to an offence is to be read as a reference to what would be the listed sexual offence in question but for the fact that it is not an offence triable in England and Wales.

2 Incitement to commit certain sexual acts outside the United Kingdom

(1) This section applies where—

(a) any act done by a person in England and Wales would amount to the offence of incitement to commit a listed sexual offence but for the fact that what he had in view would not be an offence triable in England and Wales,

(b) the whole or part of what he had in view was intended to take place in a country or territory outside the United Kingdom, and

(c) what he had in view would involve the commission of an offence under the law in force in that country or territory.

(2) Where this section applies—

(a) what he had in view is to be treated as that listed sexual offence for the purposes of any charge of incitement brought in respect of that act, and

(b) any such charge is accordingly triable in England and Wales.

(3) Any act of incitement by means of a message (however communicated) is to be treated as done in England and Wales if the message is sent or received in England and Wales.

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).

4 Northern Ireland

In the application of the preceding provisions to Northern Ireland—

(a) any reference to England and Wales is to Northern Ireland,

(b) any reference to Part I of the Criminal Law Act 1977 is to Part IV of the [S.I. 1983/1120 (N.I.13).] Criminal Attempts and Conspiracy (Northern Ireland) Order 1983, and

(c) any reference to section 1(1) of that Act is to Article 9(1) of that Order.

5 Interpretation

In this Act “listed sexual offence” has the meaning given by the Schedule.