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Sexual Offences Committed Outside Of The UK

The Sexual Offences Act 2003

Paragraph 72 of the Sexual Offences Act 2003 (‘the Act’) provides for the prosecution of UK nationals and residents who have committed certain sexual offences abroad, by stating:

 

  1. If a UK national does an act in a country outside the UK and the act, if done in England and Wales, would constitute a sexual offence to which this section applies, the UK national is guilty in England and Wales of that sexual offence;
  2. If a UK resident does an act in a country outside the UK, the act constitutes an offence under the law in force in that country and the act, if done in England and Wales, would constitute a sexual offence to which this section applies, the UK resident is guilty in England and Wales of that sexual offence.
  3. If a person does an act in a country outside the UK at a time when the person was not a UK national or resident, the act constituted an offence under the law in force in that country, the act if done in England and Wales would have constituted a sexual offence to which this section applies and the person meets the residence or nationality condition at the relevant time, proceedings may be brought against the person in England and Wales for that sexual offence as if the person had done the act there.
  4. The person meets the residence or nationality condition at the relevant time if the person is a UK national or a UK resident at the time when the proceedings are brought.

Offences To Which The Act Applies

  • Schedule 2 lists the sexual offences to which section 72 applies and which predominantly identifies offences against children under the age of 18 and offences involving indecent photographs of children.
  • There is no requirement for the crime to be an offence in both countries.

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How Can We Help?

The team at Kangs Solicitors was heavily involved in the conduct of the first ever trial in the UK involving alleged offences of the nature referred to above committed in Kenya.

Members of the Kangs Sexual Criminal Offences Defence Team travelled on two separate occasions to Kenya in order to interview potential witnesses and to arrange for the witnesses to give evidence to the Crown Court in Birmingham.

Who Can I Contact For Advice & Help?

It is imperative that you instruct an experienced solicitor as soon as you become aware of an allegation being made. Crucially, it is essential to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest, in order to ensure that the appropriate experience and advice is at hand.

To discuss an allegation of a sexual offence of any nature please contact:

Contact

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 07989 521210

Birmingham

2 Wake Green Road, Moseley
Birmingham, B13 9EZ

0121 449 9888

London

9 Carmelite Street,
London, EC4Y 0DR

020 7936 6396

Manchester

76 King Street
Manchester, M2 4NH

0161 817 5020