Database of Legislation

 Part 2
 Section 52

UNTOC Articles

  • Organized Crime Convention

  • Article 15: Jurisdiction
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    52 Jurisdiction

    (1) If a person (D) knows or believes that what he anticipates might take place wholly or partly in England or Wales, he may be guilty of an offence under section 44, 45 or 46 no matter where he was at any relevant time.

    (2) If it is not proved that D knows or believes that what he anticipates might take place wholly or partly in England or Wales, he is not guilty of an offence under section 44, 45 or 46 unless paragraph 1, 2 or 3 of Schedule 4 applies.

    (3) A reference in this section (and in any of those paragraphs) to what D anticipates is to be read as follows—

    (a) in relation to an offence under section 44 or 45, it refers to the act which would amount to the commission of the anticipated offence;

    (b) in relation to an offence under section 46, it refers to an act which would amount to the commission of any of the offences specified in the indictment.

    (4) In their application to Northern Ireland, this section and Schedule 4 have effect as if references to—

    (a) England or Wales; and

    (b) England and Wales;

    were references to Northern Ireland.

    (5) Nothing in this section or Schedule 4 restricts the operation of any enactment by virtue of which an act constituting an offence under this Part is triable under the law of England and Wales or Northern Ireland.

     
     

    Cross-Cutting Issues

    • Jurisdiction

      • • Principle of territoriality (offences committed upon one state’s territory, even if the offender is a foreign citizen)