§ Lord Campbell of Allowayasked Her Majesty's Government:
When they expect to announce the outcome of the review of policy on extra-territorial jurisdiction.
§ Baroness BlatchMy right honourable friend the Home Secretary is today publishing the report of the review which he set up with the agreement of my right honourable friend the Secretary of State for Scotland and my right honourable friend the Secretary of State for Northern Ireland. A copy has been placed in the Library. The review advised against any general extension of extra territorial jurisdiction because of the implications which so substantial an extension of jurisdiction would have for the procedures and rules of evidence of the United Kingdom courts. It recommended, however, in favour of the adoption of a set of policy guidelines, against which proposals for118WA taking extra-territorial jurisdiction over individual offences should be judged. These are:
where the offence is serious (this might be defined, in respect of existing offences, by reference to the length of sentence currently available);
where, by virtue of the nature of the offence, the witnesses and evidence necessary for the prosecution are likely to be available in the United Kingdom territory, even though the offence was committed outside the jurisdiction;
where there is international consensus that certain conduct is reprehensible and that concerted action is needed involving the taking of extra territorial jurisdiction;
where the vulnerability of the victim makes it particularly important to be able to tackle instances of the offence;
where it appears to be in the interests of the standing and reputation of the United Kingdom in the international community;
where there is a danger that offences would otherwise not be justiciable.
Meeting any of the guidelines would not mean automatically that jurisdiction would be taken, but it would establish a prima facie case for considering the issue further.
The review advised that sexual offences committed against children abroad satisfied a number of these criteria, and that extra-territorial jurisdiction should be taken over these offences. The review also recommended in favour of the assumption of jurisdiction over acts of incitement and conspiracy committed in this country in respect of offences abroad. This will assist our efforts to control the activities of foreign extremists who use this country as a base to plan or encourage criminal acts abroad.
We have accepted all of these recommendations. Legislation to give effect to them will be brought forward at the earliest possible opportunity. In respect of those aspects relevant to the activities of foreign extremists, we shall also be taking account of the findings of Lord Lloyd's Inquiry into Counter-Terrorism Legislation.