OpenLegislation

Paragraph 4

Original text. Later amendments are not shown.

(1)

If a person, whether a United Kingdom national or not, does in a convention country any act which, if he had done it in the Territory, would have made him guilty in the Territory of—

(a)

an offence mentioned in paragraph 1, 2, 4, 5, 10, 11, 12, 13 or 14 of Schedule 1 to this Act; or

(b)

an offence of attempting to commit any offence so mentioned,

he shall, in the Territory, be guilty of the offence or offences aforesaid of which the act would have made him guilty if he had done it there.

(2)

If a person, whether a United Kingdom national or not, does in a convention country any act to or in relation to a protected person which, if he had done it in the Territory, would have made him guilty in the Territory of—

(a)

an offence mentioned in paragraph 3, 6, 8 or 9 of Schedule 1 to this Act; or

(b)

an offence of attempting to commit any offence so mentioned,

he shall, in the Territory, be guilty of the offence or offences aforesaid of which the act would have made him guilty if he had done it there.

For the purposes of this subsection it is immaterial whether a person knows that another person is a protected person.

(3)

If a person who is a national of a convention country but not a United Kingdom national does outside the Territory and that convention country any act which makes him in that convention country guilty of an offence and which, if he had been a United Kingdom national would have made him in the Territory guilty of an offence mentioned in paragraph 1, 2, or 13 of Schedule 1 to this Act, he shall, in the Territory, be guilty of the offence or offences aforesaid of which the act would have made him guilty if he had been a United Kingdom national.

(4)

Proceedings for an offence which would not be an offence apart from this section shall not be instituted except by or with the consent of the Attorney General of the Territory.

(5)

In this section the expression “Attorney General” includes the Solicitor-General.

(6)

In this section “a protected person” means, in relation to any such act as is mentioned in subsection (2) above, any of the following, namely—

(a)

a person who at the time of the act is a Head of State, a member of a body which performs the functions of Head of State, a member of a body which performs the functions of Head of State under the constitution of the State, a Head of Government or a Minister for Foreign Affairs and is outside the territory of the State in which he holds office;

(b)

a person who at the time of the act is a representative or an official of a State or an official or agent of an international organisation of an intergovernmental character, is entitled under international law to special protection from attack on his person, freedom or dignity and does not fall within the preceding paragraph;

(c)

a person who at the time of the act is a member of the family of another person mentioned in either of the preceding paragraphs and—

(i)

if the other person is mentioned in paragraph (a) above, is accompanying him, or

(ii)

if the other person is mentioned in paragraph (b) above, is a member of his household;

and if in any proceedings a question arises as to whether a person is or was a protected person, a certificate issued by or under the authority of the Governor and stating any fact relating to the question shall be conclusive evidence of that fact.

(7)

For the purposes of this section any act done—

(a)

on board a ship registered in a convention country, being an act which, if the ship had been registered in the United Kingdom or the Territory, would have constituted an offence within the jurisdiction of the Admiralty; or

(b)

on board an aircraft registered in a convention country while the aircraft is in flight elsewhere than in or over the country; or

(c)

on board a hovercraft registered in a convention country while the hovercraft is in journey elsewhere than in or over that country,

shall be treated as done in that convention country; and section 7(2) of the Tokyo Convention Act 1967 (meaning of “in flight” or, as applied to hovercraft, “in journey”) as extended to the Territory shall apply for the purposes of this subsection as it applies for the purposes of section 1 of that Act.