'Nationality jurisdiction - national proceedings' in document 'UK - ICC Scotland Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 1
OFFENCES

4 Offences in relation to the ICC

(3) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding offences under the law of Scotland apply to acts committed —
in Scotland; or
outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

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.