Sexual Offences (Conspiracy and Incitement) Act 1996
| Jurisdiction | UK Non-devolved |
| Citation | 1996 c. 29 |
| Year | 1996 |
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,the whole or part of what he had in view was intended to take place in a country or territory outside the United Kingdom, andwhat he had in view would involve the commission of an offence under the law in force in that country or territory.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, andany such charge is accordingly triable in England and Wales.(3) Any act F14done 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.(1) Conduct punishable under the law in force in any country or territory is an offence under that law for the purposes of F2section 2, however it is described in that law.stating that, on the facts as alleged with respect to F4what the accused had in view, the condition is not in their opinion satisfied,showing their grounds for that opinion, andrequiring the prosecution to show that it is satisfied.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(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 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(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) F8Subsection (8) applies to references in any enactment, instrument or document (except those in F8section 2 of this Act and in Part I of the Criminal Law Act 1977) .(a) any reference to England and Wales is to Northern Ireland,(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In this Act “ After section 16 of the
This section applies to any act done by a person in Scotland which would amount to the offence of conspiracy or incitement to commit a listed sexual offence but for the fact that the criminal purpose or, as the case may be, what he had in view is intended to occur in a country or territory outside the United Kingdom.Where a person does an act to which this section applies, the criminal purpose or, as the case may be, what he had in view shall be treated as the listed sexual offence mentioned in subsection (1) above and he shall, accordingly, be guilty of conspiracy or, as the case may be, incitement to commit the listed sexual offence.an act by him or another party to the conspiracy; orthe happening of some other event,in the case of proceedings charging incitement, what he had in view would involve the commission of an offence under the law in force in the country or territory where the whole or any part of it was intended to take place,
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