Commentary on Sections Part 2: Terrorist Acts and Threats: Jurisdiction 63C Terrorist attacks abroad on UK nationals, residents and diplomatic staff etc.: jurisdiction
116.Section 63C(1) gives the UK extra-territorial jurisdiction over certain domestic offences where they are committed against UK nationals or residents and “protected persons” outside the UK as an act of terrorism or for the purposes of terrorism. The nationality or residence of the offender is irrelevant. Subsection (2) lists the offences for which the UK will take extra-territorial jurisdiction. Subsection (3) specifies those persons who are “protected persons”. “Protected persons” includes all diplomatic and consular staff, whether of UK nationality or not. Since Article 9(1)(e) of the 2002 Framework Decision requires Member States to take extra-territorial jurisdiction over offences against institutions of the EU established on their territory, subsection (3)(c) includes in the definition of “protected persons” employees of the European Agency for the Evaluation of Medicinal Products, which is at present the only EU institution based in the UK. Should further EU agencies set up in the UK in future, subsection (3)(d) provides a power for the Secretary of State to add further bodies by order. Subsection (4) limits subsection (3)(d) to any future EU institution based in the UK. Subsection (5) provides that a certificate issued by the Secretary of State stating any fact relating to whether a person is a “protected person” is to be conclusive evidence of that fact.