Domestic Abuse Act 2021 (c. 17)

SCHEDULES

SCHEDULE 3 U.K. Amendments relating to offences committed outside the UK

PART 1 E+W England and Wales

Protection from Harassment Act 1997 E+W

1 E+W In the Protection from Harassment Act 1997, after section 4A insert—

“4B Offences under sections 4 and 4A committed outside the United Kingdom

(1) If—

(a) a person's course of conduct consists of or includes conduct in a country outside the United Kingdom,

(b) the course of conduct would constitute an offence under section 4 or 4A if it occurred in England and Wales, and

(c) the person is a United Kingdom national or is habitually resident in England and Wales,

the person is guilty in England and Wales of that offence.

(2) In this section—

• “country” includes territory;

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

  (a)

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

  (b)

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

  (c)

  a British protected person within the meaning of that Act.”

Sexual Offences Act 2003 E+W

2 (1) The Sexual Offences Act 2003 is amended as follows. E+W

(2) In section 72 (offences outside the United Kingdom)—

(a) in subsections (1)(b) and (2)(c), for “section” substitute “ subsection ”;

(b) in subsection (3)(c), for “section” substitute “ subsection ”;

(c) in subsection (10), for “this section applies” substitute “ subsections (1) to (3) apply ”.

(3) In Schedule 2 (sexual offences to which section 72 applies)—

(a) in the heading, for “section 72” substitute “ section 72(1) to (3) ”;

(b) in paragraph 1, in the opening words, for “section 72 applies” substitute “ subsections (1), (2) and (3) of section 72 apply ”;

(c) after paragraph 1 insert—

“1A In relation to England and Wales, subsections (1) and (2) of section 72 also apply to an offence under any of sections 1 to 4 where the victim of the offence was 18 or over at the time of the offence.”;

(d) in paragraph 3, after “paragraph 1” insert “ or 1A ”.

Serious Crime Act 2015 E+W

3 E+W In the Serious Crime Act 2015, after section 76 (controlling or coercive behaviour in an intimate or family relationship) insert—

“76A Offences under section 76 committed outside the United Kingdom

(1) If—

(a) a person's behaviour consists of or includes behaviour in a country outside the United Kingdom,

(b) the behaviour would constitute an offence under section 76 if it occurred in England and Wales, and

(c) the person is a United Kingdom national or is habitually resident in England and Wales,

the person is guilty in England and Wales of that offence.

(2) In this section—

• “country” includes territory;

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

  (a)

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

  (b)

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

  (c)

  a British protected person within the meaning of that Act.”