'Jurisdiction' in document 'UK - ICC Scotland Act'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 1
OFFENCES

2 Conduct ancillary to genocide etc.

(1) It shall be an offence for a person to engage in conduct ancillary to an act that constitutes —
an offence under section 1(1) of this Act ; or
an offence under this section.

(2) Subsection (1) above applies where the conduct in question consists of or includes an act committed outwith Scotland by a United Kingdom national or a United Kingdom resident.

(3) It shall be an offence for a person to engage in conduct ancillary to an act committed (or intended to be committed) outwith Scotland by a person other than a United Kingdom
national or a United Kingdom resident that, if the act were committed in Scotland (or were committed by a United Kingdom national or a United Kingdom resident), would constitute—
an offence under section 1(1) of this Act ; or
an offence under this section.

(4) Subsection (3) above applies where the conduct in question consists of or includes an act committed —
in Scotland ; or
outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

(5) The references in subsections (1) and (3) above to conduct ancillary to an act are to conduct that would constitute an ancillary offence in relation to that act if —
that conduct consisted of or included an act committed in Scotland ; and
that act were committed in Scotland.

PART 1
OFFENCES

6 Proceedings against persons becoming resident in the United Kingdom

(1) This section applies in relation to a person who—
commits acts outwith the United Kingdom at a time when that person is neither a United Kingdom national nor a United Kingdom resident ; and
subsequently becomes a United Kingdom resident.

(2) Proceedings may be brought against such a person in Scotland for a substantive offence if—
that person is a United Kingdom resident at the time the proceedings are brought ; and
the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in Scotland.

(3) Proceedings may be brought against such a person in Scotland for an offence ancillary to a substantive offence (or what would be such a substantive offence if committed in Scotland) if—
that person is a United Kingdom resident at the time the proceedings are brought ; and
the acts in respect of which the proceedings are brought would have constituted that ancillary offence if they had been committed in Scotland.

(4) In this section a "substantive offence" means an offence under this Part of this Act other than an ancillary offence.

(5) Nothing in this section shall be read as restricting the operation of any other provision of this Part of this Act.