The following Corporate Crime Q&A produced in partnership with Philip Rule provides comprehensive and up to date legal information covering:
The jurisdiction of the criminal law is a matter which is often found to present difficult questions for the courts in specific factual scenarios.
Although (in theory), the jurisdiction of the criminal courts in England and Wales is wide, the jurisdiction of such courts is primarily territorial. Therefore, in the absence of a specific statutory enactment making provision to the contrary, the provisions of English criminal law will not extend to acts and omissions amounting to criminal offences which are committed outside England and Wales. On the other hand, the criminal courts in England and Wales will have jurisdiction to try criminal offences arising in respect of a foreign national or company if a substantial measure of the acts or omissions amounting to the commission of such offences took place England and Wales. For further information, see: Offences committed partly within and partly outside England and Wales: Halsbury's Laws of England .
The legislation which governs the principal offences of money laundering contains express provisions which create extra-territorial scope. POCA 2002, s 340 provides that:
criminal conduct is conduct which:
constitutes an offence in any part of the UK, or
would constitute an offence in any part of the UK if it occurred there
any attempt, conspiracy or incitement to commit an offence specified in POCA 2002, ss 327–329
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