Part 2: Serious violation of the Second Protocol Section 4: Ancillary offences
This section is necessary to implement fully the obligation in Article 16 of the Second Protocol to establish extra-territorial jurisdiction for the offences set out in Article 15. The requirement in Article 15(2) to extend criminal responsibility to persons other than those who directly commit the act described in Article 15(1) means that the obligation to establish extra-territorial jurisdiction applies to ancillary offences as it does to the principal offence. Section 4 therefore sets out provisions about jurisdiction in respect of specified ancillary offences which mirror those for the principal offence set out in section 3.
	Subsection (1) provides that an offence which is ancillary to the offence of a serious violation of the Second Protocol (section 3) may be committed in the United Kingdom or elsewhere. This mirrors section 3(2).
	Subsection (2) provides that any person may be prosecuted for an ancillary offence in relation to any of the acts listed in Article 15(1)(a)-(c) of the Second Protocol, regardless of their nationality. This mirrors section 3(3).
	Subsection (3) provides that a person may only be prosecuted in connection with an ancillary offence concerned with the acts listed in Article 15(1)(d) or (e) of the Second Protocol, if he or she is a United Kingdom national, or is subject to United Kingdom service jurisdiction. This mirrors section 3(4).
	Subsections (4), (5), and (6) define what is meant by "an offence that is ancillary to an offence under section 3" for the purposes of this Part, taking account of the differences in criminal law between each jurisdiction of the United Kingdom. These definitions include only those ancillary offences where there is any uncertainty as to their extra-territorial application. Where the existing law is clear as to extra-territorial application, no provision is made. For example, the offences of encouraging or assisting an offence under sections 44 to 46 of the Serious Crime Act 2007 ("the 2007 Act") are not included in subsection (4) because section 52 of the 2007 Act already makes express provision about extra-territorial jurisdiction for those offences.
	Subsection (7) ensures that the provision made in relation to ancillary offences applies not only to offences which are ancillary to the principal offence, but also to offences which are ancillary to ancillary offences. This subsection would apply, for example, where a person had destroyed evidence in order to conceal an attempt by a friend to steal cultural property protected under the Convention. The person who destroyed the evidence would be guilty of an offence under section 5 of the Criminal Law Act 1967, an offence which would be ancillary to the ancillary offence committed by the friend of attempting to commit a serious violation of the Second Protocol.