PART 6

Offences involving abusive or violent behaviour

Offences committed outside the UK

Offences against the person committed outside the UK: England and Wales
72
1
If—
a
a person who is a United Kingdom national or is habitually resident in England and Wales does an act in a country outside the United Kingdom,
b
the act constitutes an offence under the law in force in that country, and
c
the act, if done in England and Wales, would constitute an offence to which this subsection applies,
the person is guilty in England and Wales of that offence.
2
The offences to which subsection (1) applies are—
a
murder;
b
manslaughter;
c
an offence under section 18, 20 or 47 of the Offences Against the Person Act 1861 (offences relating to bodily harm or injury);
d
an offence under section 23 or 24 of that Act (administering poison);
e
an offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
3
Subsection (1) does not apply where a person would, in the absence of that subsection, be guilty of an offence of murder or manslaughter under the law of England and Wales.
4
An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsection (1)(b) however it is described in that law.
5
The condition in subsection (1)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
a
stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant’s opinion met,
b
showing the grounds for that opinion, and
c
requiring the prosecution to prove that it is met.
6
But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (5).
7
In the Crown Court the question whether the condition is met is to be decided by the judge alone.
8
In this section—
- “act” includes a failure to act;
- “country” includes territory;
- “United Kingdom national” means an individual who is—
  1. a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
  2. a person who under the British Nationality Act 1981 is a British subject, or
  3. a British protected person within the meaning of that Act.