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but in any part of the world

English translation: extended jurisdiction provision

11:07 Sep 13, 2012
English language (monolingual) [PRO]
Law/Patents - Law (general)
English term or phrase: but in any part of the world
law on trafficking for exploitation

"a)he intends to do anything to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence, or
(b)he believes that another person is likely to do something to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence."

I just wanted to double check if I'm reading it correctly:
after B's arrival (in the UK), an offence is then committed in any part of the world, so in other words, the UK may just be a stopover - am I right???
Ewa Dabrowska
United Kingdom
Local time: 15:43
Selected answer:extended jurisdiction provision
Explanation:
This becomes clearer if you read the source, which is the Sexual Offences Act 2003. This is from section 57, on "Trafficking into the UK for sexual exploitation", but sections 58 ("Trafficking within the UK for sexual exploitation") and 59 ("Trafficking out of the UK for sexual exploitation") are very similar and contain the same phrase.

B is the victim of the possible offence: the trafficked prostitute. For an offence to be committed under section 57, B must already have arrived in the UK. This section does not cover anything done before B arrives. How long B stays after arriving is entirely irrelevant.

The offence here is intending to do anything to B or affecting B, or believing that someone else intends to, if the thing done would constitute a relevant offence (which in this case means an offence under UK child protection laws). But the point is that the thing that would constitute a relevant offence doesn't have to be done in the UK; it can be done anywhere in the world. B must be in the UK at the time. (However, under section 59, on trafficking out of the UK, the offence is committed if B has already left the UK.)

Section 60 adds under that sections 57-59, if the proscribed act is committed outside the UK, it has to be done by a British citizen or a UK company to be covered by those sections. If the alleged offender is not British in this sense, only acts committed in the UK are covered.

The point here is extended territorial jurisdiction. As a general rule, UK law covers acts committed on UK territory. There are exceptions (this is not the only one), but when UK law covers things done outside the UK it has to be specified in the statute. That's what this is about.

--------------------------------------------------
Note added at 4 days (2012-09-18 07:52:04 GMT) Post-grading
--------------------------------------------------

Eva: I see what you mean. The word "but" does seem to be superfluous. I think the sense of it is the contrast between B being in the UK but the offence being committed elsewhere: the victim must be in the UK but the offence may be committed anywhere.
Selected response from:

Charles Davis
Spain
Local time: 16:43
Grading comment
thank you, it is just the word "but" that is confusing here
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +2extended jurisdiction provision
Charles Davis
4but in any part of the world
Tony M
3see explanation
Mark Robertson


  

Answers


14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
but in any part of the world


Explanation:
Well, you're basic idea is right, but the last part of your suggestion seems to me to be extrapolation.

We have no information as to whether or not B is going to be committing the offence.

So "after B's arrival (in the UK), an offence is then committed in any part of the world" — YES

"...so in other words, the UK may just be a stopover - am I right???"

No, the suggestion is simply that B may be in the UK, but X might commit an offence somewhere else.

I guess perhaps the idea might be that even if B is in the UK, they might in some way be responsible, for example, for organizing the crime elsewhere in the world.

Tony M
France
Local time: 16:43
Native speaker of: Native in EnglishEnglish
PRO pts in category: 84
Login to enter a peer comment (or grade)

23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
see explanation


Explanation:
a) X intends to do anything, in any part of the world, that involves the commision of a relevant offence, to, or with regard to, B, after B's arrival .
b) X believes that someone is likely to do something, in any part of the world, that involves the commision of a relevant offence, to, or with regard to, B, after B's arrival .


Mark Robertson
Local time: 15:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 56
Login to enter a peer comment (or grade)

43 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
extended jurisdiction provision


Explanation:
This becomes clearer if you read the source, which is the Sexual Offences Act 2003. This is from section 57, on "Trafficking into the UK for sexual exploitation", but sections 58 ("Trafficking within the UK for sexual exploitation") and 59 ("Trafficking out of the UK for sexual exploitation") are very similar and contain the same phrase.

B is the victim of the possible offence: the trafficked prostitute. For an offence to be committed under section 57, B must already have arrived in the UK. This section does not cover anything done before B arrives. How long B stays after arriving is entirely irrelevant.

The offence here is intending to do anything to B or affecting B, or believing that someone else intends to, if the thing done would constitute a relevant offence (which in this case means an offence under UK child protection laws). But the point is that the thing that would constitute a relevant offence doesn't have to be done in the UK; it can be done anywhere in the world. B must be in the UK at the time. (However, under section 59, on trafficking out of the UK, the offence is committed if B has already left the UK.)

Section 60 adds under that sections 57-59, if the proscribed act is committed outside the UK, it has to be done by a British citizen or a UK company to be covered by those sections. If the alleged offender is not British in this sense, only acts committed in the UK are covered.

The point here is extended territorial jurisdiction. As a general rule, UK law covers acts committed on UK territory. There are exceptions (this is not the only one), but when UK law covers things done outside the UK it has to be specified in the statute. That's what this is about.

--------------------------------------------------
Note added at 4 days (2012-09-18 07:52:04 GMT) Post-grading
--------------------------------------------------

Eva: I see what you mean. The word "but" does seem to be superfluous. I think the sense of it is the contrast between B being in the UK but the offence being committed elsewhere: the victim must be in the UK but the offence may be committed anywhere.

Charles Davis
Spain
Local time: 16:43
Native speaker of: English
PRO pts in category: 136
Grading comment
thank you, it is just the word "but" that is confusing here

Peer comments on this answer (and responses from the answerer)
agree  Tony M
37 mins
  -> Thanks, Tony!
agree  Ashutosh Mitra
4 days
  -> Thanks, Ashutosh!
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