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.