'Residence Jurisdiction' in document 'UK - ICC Act (Overseas Territories) Order 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Proceedings against persons becoming resident within the jurisdiction
72.—(1) This section applies in relation to a person who commits acts outside the Territory at a time when he is not a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction and who subsequently becomes resident in the Territory.

(2) Proceedings may be brought against such a person in the Territory for a substantive offence under this Part if—

(a) he is resident in the Territory at the time the proceedings are brought, and
(b) the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in the Territory.

(3) Proceedings may be brought against such a person in the Territory for an offence ancillary to a substantive offence under this Part (or what would be such a substantive offence if committed in the Territory) if—

(a) he is resident in the Territory at the time the proceedings are brought, and
(b) the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in the Territory.

(4) In this section a “substantive offence” means an offence other than an ancillary offence.

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