ABSTRACT

In the case of a Group A offence, if a ‘relevant event’ occurs in England or Wales, then the courts of England and Wales have jurisdiction, s 2(3). A relevant event is any act, omission or other event (for example, a result), proof of which is required for a conviction, s 2(1). Thus, there is jurisdiction to try a Group A offence where any constituent of the offence occurs in England or Wales. An attempt to commit a Group A offence is a Group B offence and, as such, is triable in England and Wales provided that the attempt, if completed, would involve one of the constituent elements of the full offence being committed in England and Wales. A person can be guilty of a Group A or Group B offence, even if he was not in England and Wales at the material time, s 3(1). The reverse situation is where the defendant does acts within the jurisdiction which amount to an attempt to commit a Group A offence outside the jurisdiction. In this situation, s 1A of the CAA 19817 is relevant. It applies where the defendant has done an act within the jurisdiction which is more than merely preparatory to the commission outside the jurisdiction of what would, if it were completed within the jurisdiction, be a Group A offence. In that case, the courts of England and Wales have jurisdiction, provided that what the defendant had in view would be a crime under the law in force where the whole or part of it was intended to take place (s 1A(4)).