Section 78 Offence under section 77 outside the United KingdomI1

A person commits an offence under section 77 by virtue of conduct outside the United Kingdom only if subsection (2), (3) or (4) applies.

This subsection applies if—

This subsection applies if—

This subsection applies if—

For the purposes of subsection (4)(d), the person meets the residence or nationality condition at the relevant time if the person is a UK national, a UK body or a UK resident when proceedings for the offence are taken in the United Kingdom (see subsection (11)).

An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (3) and (4) however it is described in that law.

The condition in subsection (3)(b) or (4)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition in subsection (3)(b) or (4)(b) is met without service of a notice under subsection (7).

In the application of subsections (7) and (8) to Scotland, references to the defendant are to be read as references to the accused.

In the Crown Court, the High Court of Justiciary or the sheriff court, the question whether the condition in subsection (3)(b) or (4)(b) is met is to be decided by the judge or sheriff (as the case may be) alone.

Where an offence under section 77 is committed outside the United Kingdom—

In the application of subsection (11) to Scotland, any such proceedings against a person may be taken—

In subsection (12) “sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).

In this section—

• “country” includes territory;

• “UK body” means—

  1. (a)

     a body incorporated under the law of any part of the United Kingdom, or

  2. (b)

     an unincorporated association formed under the law of any part of the United Kingdom;

• “UK national” means an individual who is—

  1. (a)

     a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

  2. (b)

     a person who under the British Nationality Act 1981 is a British subject, or

  3. (c)

     a British protected person within the meaning of that Act;

• “UK resident” means an individual who is habitually resident in the United Kingdom.