Commentary on Sections and Schedules Part 1 – Terrorist Asset-Freezing Offences Section 35 – Jurisdiction to try offences
84.Section 35 provides that proceedings against a person in relation to offences under Part 1 of the Act committed outside the UK may be taken at any place in the UK and the offence shall, for all incidental purposes, be treated as having been committed there (subsection (1)). Subsection (2) specifies that in the application of subsection (1) to Scotland, any such proceedings may be taken in any sheriff court district in which the person is apprehended or in custody or in such sheriff court district as the Lord Advocate may determine. Subsection (3) defines “sheriff court district” by reference to the definition in section 307(1) of the Criminal Procedure (Scotland) Act 1995.
85.Subsection (4) inserts into section 28(2) of the Counter-Terrorism Act 2008 (jurisdiction to try offences committed in another part of the UK: offences to which the section applies) reference to offences under this Part of the Act, which has the effect of ensuring that proceedings in relation to offences under this Part of the Act committed in the UK may be taken at any place in the UK and the offence shall, for all incidental purposes, be treated as having been committed there.