Moved by
Lord Parkinson of Whitley Bay
268B: Clause 165, page 142, line 32, leave out subsections (1) and (2)
Member’s explanatory statement
This amendment omits provisions which relate to offences that extended to England and Wales only, as the offences in question are now to extend to Northern Ireland as well.
268C: Clause 165, page 142, line 38, leave out “Section 164(1) applies” and insert “Sections 160(1), 162(1) and 164(1) apply”
Member’s explanatory statement
This amendment, regarding extra-territorial application, is needed because of the extension of the offences in clauses 160 and 162 to Northern Ireland.
268CA: Clause 165, page 142, line 44, at end insert—
“(4A) Section (Offence of encouraging or assisting serious self-harm)(1) applies to an act done outside the United Kingdom, but only if the act is done by a person within subsection (4B).
(4B) A person is within this subsection if the person is—
(a) an individual who is habitually resident in the United Kingdom, or
(b) a body incorporated or constituted under the law of any part of the United Kingdom.”
Member’s explanatory statement
This amendment provides for the extra-territorial application of the new offence proposed by the amendment in the Minister’s name to be inserted after clause 164.
268D: Clause 165, page 143, line 1, leave out subsection (5)
Member’s explanatory statement
This amendment omits a provision which relates to offences that extended to England and Wales only, as the offences in question are now to extend to Northern Ireland as well.
268E: Clause 165, page 143, line 4, after “section” insert “160, 162 or”
Member’s explanatory statement
This amendment, regarding extra-territorial jurisdiction, is needed because of the extension of the offences in clauses 160 and 162 to Northern Ireland.
268EA: Clause 165, page 143, line 7, at end insert—
“(6A) Proceedings for an offence committed under section (Offence of encouraging or assisting serious self-harm) outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, at any place in the United Kingdom.
(6B) In the application of subsection (6A) to Scotland, any such proceedings against a person may be taken, and the offence may for incidental purposes be treated as having been committed—
(a) in any sheriff court district in which the person is apprehended or is in custody, or
(b) in such sheriff court district as the Lord Advocate may determine.
(6C) In subsection (6B) “sheriff court district” is to be construed in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).”
Member’s explanatory statement
This amendment is required in order to give courts in the United Kingdom jurisdiction to deal with the new offence proposed by the amendment in the Minister’s name to be inserted after clause 164, if the offence is committed outside the United Kingdom.
268F: Clause 165, page 143, line 8, leave out subsection (7)
Member’s explanatory statement
This is a technical amendment about extent - the extent of clause 165 is now dealt with by amendments of clause 210 (see the amendments of that clause in the Minister’s name).