Article 5 Application of criminal lawI1

Any act or omission which—

F1or any act or omission which—

shall be treated for the purposes of that enactment as taking place in England.

Any act or omission which—

shall be treated for the purposes of that enactment as if it were an act or omission which had taken place in relation to an officer belonging to the United Kingdom.

Section 22 of the UK Borders Act 2007 is modified for the purposes of paragraph (1ZA) so that the reference in subsection (1) of that section to an immigration officer includes a reference to an officer belonging to the French Republic.

Summary proceedings for anything that is by virtue of paragraph (1) F4or (1ZA) an offence triable summarily or triable either way may be taken, and the offence may for all incidental purposes be treated as having been committed, in the county of Kent or in F5the area comprising the inner London boroughs.

Any jurisdiction conferred by virtue of F6paragraphs (1), (1ZA) and (1A) on any court is without prejudice to any jurisdiction exercisable apart from this article by that or any other court.

Where it is proposed to institute proceedings in respect of an alleged offence in any court and a question as to the court’s jurisdiction arises under Article 38(2)(a) of the international articles, it shall be presumed, unless the contrary is proved, that the court has jurisdiction by virtue of that Article.