Domestic Abuse Bill (HC Bill 422)
SCHEDULE 1 continued
Domestic Abuse BillPage 60
Requirements imposed on remand on bail
8
The court may, when remanding a person on bail in accordance with this
Schedule, require the person to comply, before release on bail or later, with
any requirements that appear to the court to be necessary to secure that the
5person does not interfere with witnesses or otherwise obstruct the course of
justice.
Section 78
SCHEDULE 2 Amendments relating to offences committed outside the UK
Part 1 10England and Wales
Protection from Harassment Act 1997
1 In the Protection from Harassment Act 1997, after section 4A insert—
“4B
Offences under sections 4 and 4A committed outside the United
Kingdom
(1) 15If—
(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)
20the 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;
-
25“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
30is a British subject, or(c)a British protected person within the meaning of that
Act.””
Sexual Offences Act 2003
2 (1) The Sexual Offences Act 2003 is amended as follows.
(2) 35In section 72 (offences outside the United Kingdom)—
(a) in subsections (1)(b) and (2)(c), for “section” substitute “subsection”;
(b) after subsection (2) insert—
“(2A) If—
Domestic Abuse BillPage 61
(a)
a person who is a United Kingdom national or United
Kingdom resident does an act in a country outside the
United Kingdom,
(b)
the act constitutes an offence under the law in force in
5that country, and
(c)
the act, if done in England and Wales, would
constitute a sexual offence to which this subsection
applies,
the person is guilty in England and Wales of that sexual
10offence.”;”
(c) in subsection (3)(c), for “section” substitute “subsection”;
(d) in subsection (5), after “(2)” insert “, (2A)”;
(e) in subsection (6), after “(2)(b)” insert “, (2A)(b)”;
(f)
in subsection (10), for “this section applies” substitute “subsections
15(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) 20after paragraph 1 insert—
“1A
In relation to England and Wales, the sexual offences to
which subsection (2A) of section 72 applies are 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) 25in paragraph 3, after “paragraph 1” insert “or 1A”.
Serious Crime Act 2015
3
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) 30If—
(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)
35the 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;
-
40“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
45is a British subject, orDomestic Abuse BillPage 62
(c)a British protected person within the meaning of that
Act.””
Part 2 Scotland
5Criminal Procedure (Scotland) Act 1995
4
(1)
Section 11 of the Criminal Procedure (Scotland) Act 1995 (certain offences
committed outside Scotland) is amended as follows.
(2)
In subsections (1) and (2), for “British citizen or British subject” substitute
“relevant person”.
(3) 10After subsection (2) insert—
“(2A)
Any relevant person who in a country outside the United Kingdom
does any act which—
(a)
constitutes an offence under the law in force in that country,
and
(b) 15if done in Scotland would constitute the crime of assault,
is guilty of the same crime and subject to the same punishment as if
the act had been done in Scotland.
(2B) In subsections (1) to (2A)—
-
“country” includes territory;
-
20“relevant person” means a person who is a United Kingdom
national or is habitually resident in Scotland; -
“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
25citizen,(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.””
30Sexual Offences (Scotland) Act 2009 (asp 9)2009 (asp 9)
5 (1) The Sexual Offences (Scotland) Act 2009 is amended as follows.
(2) After section 54C insert—
“54D Offences committed outside the United Kingdom: adult victims
(1) If—
(a)
35a person who is a UK national or is habitually resident in
Scotland 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)
40the act, if done in Scotland, would constitute an offence to
which this subsection applies,
then the person commits that offence.
Domestic Abuse BillPage 63
(2)
The offences to which subsection (1) applies are offences under any
of sections 1 to 4 where the victim of the offence was 18 or over at the
time of the offence.
(3)
A person may be prosecuted, tried and punished for an offence by
5virtue of this section—
(a)
in any sheriff court district in Scotland in which the person is
apprehended or is in custody, or
(b)
in such sheriff court district as the Lord Advocate may
determine,
10as if the offence had been committed in that district; and the offence
is, for all purposes incidental to or consequential on trial or
punishment, to be deemed to have been committed in that district.
(4) In this section—
-
“country” includes territory;
-
15“sheriff court district” is to be construed in accordance with
section 307(1) of the Criminal Procedure (Scotland) Act 1995
(interpretation); -
“UK national” means an individual who is—
(a)a British citizen, a British overseas territories citizen, a
20British 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
25Act.””
(3) In the heading of section 55, at the end insert “: child victims”.
(4) For the heading of section 56 substitute “Section 55: continuity of law”.
Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)2010 (asp 13)
6
In the Criminal Justice and Licensing (Scotland) Act 2010, after section 39
30insert—
“39A Offence of stalking 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)
35the course of conduct would constitute the offence of stalking
if it occurred in Scotland, and
(c)
the person is a United Kingdom national or is habitually
resident in Scotland,
then the person commits that offence.
(2)
40If a person’s course of conduct consists entirely of conduct in a
country outside the United Kingdom—
(a)
the person may be prosecuted, tried and punished for an
offence of stalking by virtue of this section—
(i)
in any sheriff court district in Scotland in which the
45person is apprehended or is in custody, or
Domestic Abuse BillPage 64
(ii)
in such sheriff court district as the Lord Advocate
may determine,
as if the offence had been committed entirely in that district,
and
(b)
5the offence is, for all purposes incidental to or consequential
on trial or punishment, to be deemed to have been committed
entirely in that district.
(3) In this section—
-
“country” includes territory;
-
10“sheriff court district” is to be construed in accordance with
section 307(1) of the Criminal Procedure (Scotland) Act 1995
(interpretation); -
“United Kingdom national” means an individual who is—
(a)a British citizen, a British overseas territories citizen, a
15British 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
20Act.””
Part 3 Northern Ireland
Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)S.I. 1997/1180 (N.I. 9))
7
In the Protection from Harassment (Northern Ireland) Order 1997, after
25Article 6 insert—
“6A Offences under Article 6 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)
30the course of conduct would constitute an offence under
Article 6 if it occurred in Northern Ireland, and
(c)
the person is a United Kingdom national or is resident in
Northern Ireland,
the person is guilty in Northern Ireland of that offence.
(2) 35In 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
40citizen,(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.””
Domestic Abuse BillPage 65
Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)S.I. 2008/1769 (N.I. 2))
8
In Article 76 of the Sexual Offences (Northern Ireland) Order 2008 (offences
outside the United Kingdom)—
(a) in paragraphs (1)(b) and (2)(c), for “Article” substitute “paragraph”;
(b) 5after paragraph (2) insert—
“(2A) If—
(a)
a person who is a United Kingdom national or is
resident in Northern Ireland does an act in a country
outside the United Kingdom,
(b)
10the act constitutes an offence under the law in force in
that country, and
(c)
the act, if done in Northern Ireland, would constitute
a sexual offence to which this paragraph applies,
the person is guilty in Northern Ireland of that sexual
15offence.”;”
(c) in paragraph (3)(c), for “Article” substitute “paragraph”;
(d) in paragraph (5), after “(2)” insert “, (2A)”;
(e) in paragraph (6), after “(2)(b)” insert “, (2A)(b)”;
(f)
in paragraph (10), for “this Article applies” substitute “paragraphs
20(1), (2) and (3) apply”;
(g) after paragraph (10) insert—
“(10A)
The sexual offences to which paragraph (2A) applies are an
offence under any provision of Part 2 where the victim of the
offence was 18 or over at the time of the offence.”;”
(h) 25in paragraphs (11) and (12), after “paragraph (10)” insert “or (10A)”.