Commentary on Sections Section 12: Offences under this Act: territorial application
58.Subsection (1) provides that the offences in sections 1, 2 or 6 are committed in any part of the UK if any part of the conduct element takes place in that part of the UK.
59.The effect of subsections (2) to (4) is that, even though all the actions in question take place abroad, they still constitute the offence if the person performing them is a British national or ordinarily resident in the UK, a body incorporated in the UK or a Scottish partnership.
60.Subsection (5) makes it clear that for the purposes of the offence in section 7 (failure of commercial organisation to prevent bribery) it is immaterial where the conduct element of the offence occurs.
61.Subsections (7) to (9) provide that where proceedings are to be taken in Scotland against a person, such proceedings may be taken in any sheriff court district in which the person is apprehended or in custody, or in such sheriff district as the Lord Advocate may determine.