Part 6: Offences involving violent or abusive behaviour Schedule 3: Amendments relating to offences committed outside the UK Part 2: Scotland
Paragraph 4 amends section 11 of the Criminal Procedure (Scotland) Act 1995 ("the 1995 Act"), which makes provision for certain offences committed outside the UK, including murder and culpable homicide. Section 11(1) of the 1995 Act makes it an offence for any British citizen or British subject to do any act or make any omission in a country outside the UK which, if done or made in Scotland, would constitute the crime of murder or of culpable homicide.
	Paragraph 4(3) inserts a new section 11(2A) in the 1995 Act which extends extraterritorial jurisdiction to the common law offence of assault, and makes it an offence in Scotland for any "relevant person" to do any act in a country outside the UK which if done in Scotland would constitute the crime of assault. The act done must also amount to an offence in the country where it was committed.
	Paragraph 4(3) also inserts new section 11(2B) to 11(2F) in the 1995 Act. New section 11(2B) provides that the precise description of the offence does not need to be the same in both countries. There is a presumption under new section 11(2C) that the act committed in a country outside the UK, which would be an assault if committed in Scotland, is an offence under the law of the country where the act took place. However, new section 11(2C) to 11(2E) provide a procedure under which the accused can challenge the prosecution to prove that the act in question constitutes an offence under the law of the country where it took place. New section 11(2F) defines "relevant person," as a person who is a UK national or is habitually resident in Scotland.
	Paragraph 4(2) makes amendments to the language in section 11 of the 1995 Act to ensure it is consistent with that used in the Convention, substituting "British citizen or British subject" in subsections (1) and (2) with "relevant person," as defined in new section 11(2F).
	Paragraph 5 amends Part 7 of the Sexual Offences (Scotland) Act 2009 ("the 2009 Act"), which, amongst other things, makes provision for certain sexual offences committed outside the UK. Paragraph 5(2) inserts a new section 54D in the 2009 Act. This makes it an offence in Scotland for a UK national (as defined in new section 54D(9)) or habitual resident of Scotland to commit an act amounting to an offence under any of sections 1 to 4 of the 2009 Act (namely, rape, sexual assault by penetration, sexual assault and sexual coercion) where the victim of the offence was aged 18 or over at the time of the offence and, for a habitual resident of Scotland, where the act also constitutes an offence in the country where it was committed. (Section 55 of the 2009 Act already provides Scottish courts with extraterritorial jurisdiction over equivalent offences against a child under the age of 18.)
	The jurisdiction of sheriff courts is territorial, and a sheriff court has no jurisdiction to try offences committed outside the sheriffdom in the absence of a statutory provision conferring that jurisdiction. New section 54D(8) provides that a person accused of committing an offence outside the UK may be prosecuted, tried and punished in a sheriff court in the district in which they are apprehended or held in custody, or in a sheriff court district to be determined by the Lord Advocate.
	Paragraph 6 amends Part 2 of the Criminal Justice and Licensing (Scotland) Act 2010 ("the 2010 Act"), which makes provision for the offence of stalking as well a number of other offences. Section 39 of the 2010 Act provides for an offence of stalking, which makes it an offence for a person to engage in a course of conduct (conduct on at least two occasions) which causes another to suffer fear or alarm, and where he or she intends to cause the victim to suffer fear or alarm, or knows, or ought in all the circumstances to have known, that engaging in the course of conduct would be likely to cause the victim to suffer fear or alarm.
	Paragraph 6 inserts a new section 39A in the 2010 Act. This makes it an offence in Scotland for a UK national (as defined in new section 39A(3)) or habitual resident of Scotland to pursue, wholly or partly in a country outside the UK, a course of conduct that would amount to an offence under section 39 of the 2010 Act if it occurred in Scotland.
	The jurisdiction of sheriff courts is territorial, and a sheriff court has no jurisdiction to try offences committed outside the sheriffdom in the absence of a statutory provision conferring that jurisdiction. New section 39A(2) provides that if a person’s course of conduct consists entirely of conduct in a country outside the UK, the person may be prosecuted, tried and punished in a sheriff court in the district in which they are apprehended or held in custody, or in a sheriff court district to be determined by the Lord Advocate. Existing jurisdictional rules will apply when the course of conduct consists of both conduct in Scotland and conduct in a country outside the UK.