Sexual Offences Committed Outside the Jurisdiction

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Cited authorities (5)

Cited in

Jurisdiction	United Kingdom
Pages	509-512
Author	Patricia Lees,Eleanor Laws

SEXUAL OFFENCES COMMITTED

OUTSIDE THE JURISDICTION

A. Offences from 1 May 2004 to

13 July 2008 17.03

1. Establishing the Oence Committed

in the Foreign Jurisdiction 17.05

2. Relevant Oences 17.08

B. Offences on or after 14 July 2008

to present 17.11

1. Establishing the Oence Committed

in the Foreign Jurisdiction 17.12

2. Relevant Oences 17.15

Generally, an oence will only be triable in the jurisdiction in which the oence takes place,

unless there is a specic provision to extend jurisdiction. e following sexual oence pro-

visions enable the UK to exercise extra- territorial jurisdiction in relation to certain sexual

oences:

(a) For certain sexual oences committed between 1.9.1997 to 30.4.2004 extra- territorial

jurisdiction was governed by s 7, Sex Oenders Act 1997 (SOA 1997). See para 17.03.

(b) For certain sexual oences committed from 30.4.2004 to 13.07.2008 extra- territorial

jurisdiction is governed by s 72 (as enacted at that time) Sexual Oences Act 2003

(SOA 2003). See para 17.04.

isdiction is governed by s 72 Sexual Oences Act as currently enacted. See para 17.12.

From 1.9.19971 extra- territorial jurisdiction in relation to the commission of certain sexual

oences was governed by the Sex Oenders Act, s 7. Section 7 SOA 1997 was repealed

by the Sexual Oences Act on 1.5.2004 and replaced with s 72 SOA 2003. e Criminal

Justice and Immigration Act 2008 subsequently amended the section 72 provisions from

14.7.2008.2 Accordingly, it is necessary to know the date of the alleged oending so that

charges may be brought under the appropriate statute and, where it applies, version of the

SOA 2003, s 72.

A. OFFENCES FROM 1 MAY 2004 TO 13 JULY 2008

A person who on or aer 1.9.1997 is a British citizen or United Kingdom resident3 is li-

able to prosecution for a sexual oence committed outside the jurisdiction if the oence is

1 Enacted by SI 1997/ 1020 art 2.

2 Criminal Justice and Immigration Act 2008 (Commencement No 2 and Transitional and Savings Provisions)

Order 2008 (SI 2008 No 1586).

3 SOA 2003 prior to amendment, s 72(2).

17.0 1

17.0 2

17.0 3

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