Sexual Offences (Scotland) Act 2009

• (a) in any sheriff court district in Scotland in which the person is apprehended or in custody, or

• (b) in such sheriff court district as the Lord Advocate may determine,

as 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.

• (8) In this section—

• “habitual resident of Scotland” means an individual who was at the time the act mentioned in subsection (1) took place habitually resident in Scotland,

• “listed offence” means an offence listed in Part 2 of schedule 4,

• “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.

54B

• (1) Subject to section 54C, this section applies in relation to a listed offence committed by a person by virtue of section 54A(1).

• (2) Prosecution in respect of the listed offence—

• (a) is not competent if the person has been, or is being, prosecuted in respect of the act constituting the listed offence, in the country where the act took place, and

• (b) is competent only if—

• (i) before the prosecution is initiated, the prosecutor has consulted the relevant director of public prosecutions about the prosecution, and

• (ii) the person is prosecuted, on the same indictment or complaint, in respect of an act in Scotland constituting a listed offence.

• (3) For the purposes of subsection (2)(a), a person is not to be regarded as having been prosecuted in respect of the act constituting the listed offence, in the country where the act took place, if a prosecution in that country was withdrawn in order to enable the prosecution of the person in Scotland.

• (4) For the purposes of subsection (2)(b)(i)––

• (a) the prosecution is initiated when the indictment or complaint is served,

• (b) the relevant director of public prosecutions is—

• (i) in the case of an act which took place in England and Wales, the Director of Public Prosecutions (that is, the head of the Crown Prosecution Service),

• (ii) in the case of an act which took place in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

• (5) In this section, “listed offence” means an offence listed in Part 2 of schedule 4.

54C

• (1) The indictment or complaint in which a listed offence is charged need not contain information from which the country in the United Kingdom in which the act constituting the listed offence took place can be determined.

• (2) If the indictment or complaint does not contain that information, prosecution in respect of the listed offence—

• (a) is not competent if the person charged with the offence has been, or is being, prosecuted, in respect of the act constituting the listed offence elsewhere in the United Kingdom, and

• (b) is competent only if the conditions in subsection (3) which are applicable in the case are met.

• (3) Those conditions are—

• (a) if it can be determined from the indictment or complaint that the act constituting the offence took place—

• (i) either in Scotland or in England and Wales, or

• (ii) either in Scotland or in Northern Ireland,

that before the indictment or complaint was served, the prosecutor consulted the relevant director of public prosecutions about the prosecution,

• (b) if it can be determined from the indictment or complaint that the act constituting the offence took place either in England and Wales or in Northern Ireland but not in Scotland, that—

• (i) before the indictment or complaint was served, the prosecutor consulted both directors of public prosecutions about the prosecution, and

• (ii) the person is prosecuted, on the same indictment or complaint, in respect of an act in Scotland constituting a listed offence,

• (c) if neither paragraph (a) nor (b) applies, that before the indictment or complaint was served, the prosecutor consulted both directors of public prosecutions about the prosecution.

• (4) For the purposes of subsection (3)—

• (a) the relevant director of public prosecutions is—

• (i) in relation to subsection (3)(a)(i), the Director of Public Prosecutions (that is, the head of the Crown Prosecution Service),

• (ii) in relation to subsection (3)(a)(ii), the Director of Public Prosecutions for Northern Ireland,

• (b) the references to both directors of public prosecutions are to the Director of Public Prosecutions and the Director of Public Prosecutions for Northern Ireland.

• (5) For the purposes of subsection (2)(a), a person is not to be regarded as having been prosecuted in respect of the act constituting the listed offence, elsewhere in the United Kingdom, if a prosecution elsewhere in the United Kingdom was withdrawn in order to enable the prosecution of the person in Scotland.

• (6) In this section, “listed offence” means an offence listed in Part 2 of schedule 4.

Continuity of law on sexual offences committed outside the United Kingdom