New Clause 3
Fraud Bill [Lords]
9:15 am
OFFENCES OUTSIDE THE UNITED KINGDOM
‘(1) Any act done by a person in a country or territory outside the United Kingdom which—
(a) constituted an offence under the law in force in that country or territory, and
(b) would constitute an offence under this Act if it had been done in England and Wales or in Northern Ireland,
constitutes that offence under the law of that part of the United Kingdom.
(2) Any act punishable under the law in force in any country or territory constitutes an offence under that law for the purposes of this section, however it is described in that law.
(3) Subject to subsection (4), the condition in subsection (1)(a) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion met,
(b) showing his grounds for that opinion, and
(c) requiring the prosecution to prove that it is met.
(4) The court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (3).
(5) In the Crown Court the question whether the condition is met is to be decided by the judge alone.'. —[Mr. Heath.]