chapter  12
18 Pages

Territorial and Extraterritorial Dimensions

ByMichael Hirst

Criminal prosecutions relating to alleged acts of complicity in offences committed by other persons may be complicated by what are usually referred to as 'jurisdictional' issues, notably where some relevant acts or events take place abroad. Although the focus of this chapter is on jurisdictional issues concerning the ambit of complicity, conspiracy and statutory inchoate offences of encouragement, solicitation or assistance, we must briefly consider the law relating to substantive offences. The Robert Millar and Liangsiriprasert principles together ensure that English criminal law applies to most 'cross-frontier' forms of complicity or conspiracy, and so on, aimed at England and Wales. The law in respect of that wider picture has never been planned or codified as a coherent whole, but has simply developed or evolved, in much the same unplanned way that a shanty town develops or evolves: hence the multiplicity of rules and principles.