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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:
- 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;
- 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.
- 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.
- 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.
The Anti-Social Behaviour, Crime and Policing Act 2014 introduced Sexual Risk Orders (‘an Order’) which are controversial to the extent that an Application for an Order can be made even if the subject of the Application has not been convicted or cautioned for a sexual...
‘Grooming’ is the generic description currently used to describe the conduct of a paedophile or group of paedophiles when preparing a child or children for a meeting with the intention of committing a sexual offence. The methods of approach adopted include social...
On the 12th April 2019, the offence commonly known as ‘Upskirting’ became a criminal offence by virtue of the Voyeurism Act 2019 (‘the Act’). Helen Holder of Kangs Solicitors comments generally. The Law | Kangs Solicitors Sexual Offences Advisory Team The Act...
Kangs Solicitors has successfully represented a client by obtaining a variation to a Sexual Harm Prevention Order (‘SHPO’) which was ordered at Croydon Crown Court in 2017. Helen Holder of Kangs Solicitors reports on the circumstances. The Circumstances | Kangs Sexual...
Following the collapse of a number of rape cases in recent times, including several of a ‘high profile nature’, as the result of the late disclosure of digital evidence which was discovered to seriously undermine the prosecution, police and prosecutors are seeking to...
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:
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street,
London, EC4Y 0DR
020 7936 6396
76 King Street
Manchester, M2 4NH