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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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Can a UK citizen who committed against another UK whilst

Customer Question

Can a UK citizen who committed rape against another UK whilst overseas be tried in the UK
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Here is an extract from the code for Crown Prosecutors which I think answers your question.

LondonlawyerJ :

Generally, an offence will only be triable in the jurisdiction in which the offence takes place, unless there is a specific provision to ground jurisdiction, for instance where specific statutes enable the UK to exercise extra-territorial jurisdiction:

  • sexual offences against children (section 72 of the Sexual Offences Act 2003) A new section 72 was substituted by the Criminal Justice and Immigration Act 2008 which came into effect from 14 July 2008 onwards. It is important to ensure that any prosecution is brought under the provision in force at the time the alleged conduct occured as the terms of the substantive provisions and details of the offences they cover are not identical;
  • murder and manslaughter (subsection 9 and 10 of the Offences Against the Person Act 1861)
  • fraud (the 2006 Act imposes extra territorial jurisdiction in respect od offences in subsection. 1, 6, 7, 9 and 11 of the Fraud Act 2006) and dishonesty (Criminal Justice Act 1993 Part 1 still applies to the remaining unrepealed sections of the Theft Act 1968);
  • terrorism (subsection 59, 62-63 of the Terrorism Act 2000 and section 17 of the Terrorism Act 2006);
  • bribery (The Bribery Act 2010 repeals the common law and the statutory offences of corruption for offences committed wholly on or after 1 July 2011. For those offences the Bribery Act imposes extra-territorial jurisdiction. Section 109 of the Anti-Terrorism and Security Act 2001 still applies to provide extre-territorial jurisdiction in respect of offences committed wholly or partially before 1 July 2011.
LondonlawyerJ :

Rape pf an adult is not on that list and therefore cannot be tried in the UK if committed abroad.

JACUSTOMER-ql45en8n- :

Is a 16 year old deemed an adult?

JACUSTOMER-ql45en8n- :

Are you there?

LondonlawyerJ :

yes I am here. I will need to check hat when I get a chance later today. My initial reaction is that a 16 year old is a child in this context but I will check that later today. I have to do something for the next couple of hours but will get back to you as soon as I can

JACUSTOMER-ql45en8n- :

Okay, to clarify the situation - my daughter was raped by a 16/17 year old boy whilst on holiday in Turkey (I have his full name and home address). Both are of British nationality and live in UK. My daughter, accompanied by the British consular, made a statement to the Public Prosecutor and undergone a medical examination. The other party returned home before the police could effect an arrest. For logistical reasons we would prefer the case pursued in UK court.

JACUSTOMER-ql45en8n- :

Can this be done?

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