header-logo header-logo

03 August 2012 / Katherine Hardcastle
Issue: 7525 / Categories: Features , Company , Criminal
printer mail-detail

The long arm of the law

Katherine Hardcastle examines the extra-territorial ambit of the Serious Crime Act 2007

One aspect of the debate surrounding the Bribery Act 2010 has been its broad extra-territorial reach. By contrast, little attention has been paid to the extra-territorial ambit of the Serious Crime Act 2007 (SCA 2007) and the offences of encouraging or assisting an offence. This might be thought surprising, given these offences possess an equally striking jurisdictional scope to the bribery offences and may be equally important in an international business context. Liability under ss 44, 45 or 46 of SCA 2007 may arise where an English-incorporated company advises a Dutch client, for example, on the execution of a financial transaction in Zimbabwe, even though the client could commit no offence if it was to carry out that transaction. This article offers an overview of the extra-territoriality provisions of SCA 2007 and aims to highlight some of the issues they raise.

The nature of extra-territorial jurisdiction

Before turning to SCA 2007, however, it is helpful, briefly, to say

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll