Annex 3: Extra-territoriality (offences)
The following is a list of offences committed overseas
for which a British citizen could be prosecuted in this country.
The list is based on Archbold Criminal Pleading, Evidence and
Practice 2007:
a) Sexual offences committed against children
and young people under the age of 16 (Sexual Offences (Conspiracy
and Incitement) Act 1996 and Sexual Offences Act 2003 s.72 and
Schedule 2);
b) Offences of dishonesty and blackmail where
property is despatched from, or received at, a place in England
and Wales; or where there is a communication of information etc.
sent by any means from a place in England and Wales to a place
elsewhere, or from a place elsewhere to a place in England and
Wales (Criminal Justice Act 1993 ss.1-6);
c) Offences connected with aircraft (Civil Aviation
Act 1982 s.92);
d) Homicide (Offences Against the Person Act
1861 s.9-10);
e) Offences in connection with taxation etc.
within the European Community (Criminal Justice Act 1993, s.71);
f) Offences by servants of the Crown (Criminal
Justice Act 1948 s.31(1);
g) Offences in connection with the slave trade
(Slave Trade Act 1873);
h) Offences under the Merchant Shipping Act 1995
(Merchant Shipping Act 1995 ss.279-281) offences committed by
British seamen (Merchant Shipping Act 1995 s.282) and offences
in the Admiralty jurisdiction;
i) Offences on offshore installations (Petroleum
Act 1998 s.22);
j) Bribery and corruption committed outside the
UK (Anti-Terrorism, Crime and Security Act 2001, s.109)
k) Torture (Criminal Justice Act 1988, ss.134-135);
l) International Criminal Offences (International
Criminal Court Act 2001);
m) Offences against the Geneva Convention (Geneva
Convention Act 1957);
n) Explosives offences (Explosive Substances
Act 1883 ss.2-3);
o) Treason
p) Offences under the Terrorism Act 2000:
Membership of a proscribed organisation (Terrorism
Act 2000 s.11)
Weapons training (Terrorism Act 2000 s.54)
Directing a terrorist organisation (Terrorism
Act 2000 s.56)
Collecting information likely to be useful
to a person committing or preparing an act of terrorism (Terrorism
Act 2000 s.58)
Inciting terrorism overseas (Terrorism Act
2000 s.59)
Terrorist bombing (Terrorism Act 2000 s.62)
q) Offences under the Terrorism Act 2006:
Encouragement of terrorism and dissemination
of terrorist publications (Terrorism Act 2006 ss1-2)
Preparation of terrorist acts (Terrorism Act
2006 s.5)
Terrorist training and attendance at a place
used for terrorist training (Terrorism Act 2006 ss.6, 8)
r) Offences against United Nations personnel
(United Nations Personnel Act 1997)
s) Offences against the safety of Channel Tunnel
trains and the tunnel system (Channel Tunnel (Security) Order
1994 [S.I.1994/570])
t) Offences against the Foreign Enlistment Act
1870
u) Offences against the Official Secrets Acts
1920 and 1989
v) Fraudulent evasion of duty etc. (Customs and
Excise Management Act 1979 s.170(2) (b))
w) Bigamy (Offences against the Person Act 1861
s.57)
x) Offences covered by the War Crimes Act 1991
y) Offences involving the supply or delivery
of restricted goods without a licence from the Secretary of State
(Trade in Goods (Control) Order 2003 SI 2003/2765)
z) Corporate manslaughter (Corporate Manslaughter
and Corporate Homicide Act 2007, s28)
The report of the Home Office Steering Committee's
Review of Extra-Territorial Jurisdiction includes the following
list of criteria used by the Government in deciding whether or
not to take extra-territorial jurisdiction in respect of particular
offences:
Against this background, it is suggested that consideration
should be given to taking extra-territorial jurisdiction only
where at least one of the following tests was satisfied:
Where the offence is serious (this might be
defined, in respect of existing offences, by reference to the
length of sentence currently available);
Where, by virtue of the nature of the offence,
the witnesses and evidence necessary for the prosecution are likely
to be available in UK territory, even though the offence was committed
outside the jurisdiction;
Where there is international consensus that
certain conduct is reprehensible and that concerted action is
needed involving the taking of extra-territorial jurisdiction;
Where the vulnerability of the victim makes
it particularly important to be able to tackle instances of the
offence;
Where it appears to be in the interests of
the standing and reputation of the UK in the international community;
Where there is a danger that the offences would
otherwise not be justiciable.
The fact that an offence satisfied one or more of
the above guidelines would
not positively determine the extension of jurisdiction.
But it would suggest that action
might be justified, particularly if the practical
enforcement issues did not appear to be
insurmountable.
Source: This Note
is supplied by the House of Commons Library
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