Sexual Offences Act 2003, section 72

Offences outside the United Kingdom

Part 1 Sexual Offences

[F158 (1)If—

(a)a United Kingdom national does an act in a country outside the United Kingdom, and

(b)the act, if done in England and Wales F159..., would constitute a sexual offence to which this [F160 subsectionF160] applies,

the United Kingdom national is guilty in [F161 England and WalesF161] of that sexual offence.

(2)If—

(a)a United Kingdom resident does an act in a country outside the United Kingdom,

(b)the act constitutes an offence under the law in force in that country, and

(c)the act, if done in England and Wales F162..., would constitute a sexual offence to which this [F163 subsectionF163] applies,

the United Kingdom resident is guilty in [F164 England and WalesF164] of that sexual offence.

(3)If—

(a)a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,

(b)the act constituted an offence under the law in force in that country,

(c)the act, if done in England and Wales F165..., would have constituted a sexual offence to which this [F166 subsectionF166] applies, and

(d)the person meets the residence or nationality condition at the relevant time,

proceedings may be brought against the person in [F167 England and WalesF167] for that sexual offence as if the person had done the act there.

(4)The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.

(5)An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.

(6)The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

(a)stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,

(b)showing the grounds for that opinion, and

(c)requiring the prosecution to prove that it is met.

(7)But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).

(8)In the Crown Court the question whether the condition is met is to be decided by the judge alone.

(9)In this section—

  • “country” includes territory;

  • “United Kingdom national” means an individual who is—

    (a)

    a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

    (b)

    a person who under the British Nationality Act 1981 is a British subject; or

    (c)

    a British protected person within the meaning of that Act;

  • “United Kingdom resident” means an individual who is resident in the United Kingdom.

(10)Schedule 2 lists the sexual offences to which [F168 subsections (1) to (3) applyF168] .F158,F157]]

Definitions used in section 72 2

proceedings

(c) “proceedings” includes proceedings before a service court, and

Defined in s.137(1) · see it in the full Act
court

(2) In sections 92 and 103A(1) of this Act, and section 345 of the Sentencing Code, “court” includes a service court.

Defined in s.137(2) · see it in the full Act

Cases considering section 72 8

R v Shane Wisher

[2026] EWCA Crim 695 · 14 May 2026Limits

The court construed section 72 as offence-creating. It applies specified provisions to qualifying conduct abroad and makes the United Kingdom national guilty in England and Wales; it is not merely a procedural removal of a jurisdictional bar. (see paras [22]-[24]) Section 72(1) was read as making a United Kingdom national guilty in England and Wales of specified sexual conduct abroad which would constitute the relevant offence if done domestically. The provision therefore has substantive criminal effect. (see paras [12]; [22]-[24]) The wording of section 72(1)(b), including the reference to the national being guilty, did not make the provision merely jurisdictional or confer retrospective jurisdiction. (see paras [22]; [33]) Section 72(10) identifies Schedule 2 as the list of offences to which section 72 applies. The court used that structure to assess whether adult rape fell within the statutory extension before paragraph 1A. (see paras [12]-[15]; [22]-[24]) The court noted that the 2021 amendment made subsections (1) and (2) apply to offences involving an adult victim. The retrospective analysis treated that extension as substantive. (see paras [15]; [24]-[25]) The reference in section 72(3) to bringing proceedings did not make section 72 purely procedural. The court also treated the undisputed satisfaction of section 72(3) in another case as providing no useful parallel. (see paras [20]; [24]) The court cited section 72(3) and (4) as examples of provisions in which Parliament expressly used retrospective language. It found no comparable wording in paragraph 1A. (see para [29])

R v Daniel Adjei

[2023] EWCA Crim 1428 · 10 October 2023Interprets

The court construed the statutory scheme as a whole. Its three jurisdictional routes each focus on whether the conduct was criminal when committed abroad. (see para [11]) The court explained that this route gives jurisdiction over a United Kingdom national for listed sexual offences committed abroad, whether or not the conduct was an offence in the foreign country. (see para [11]) The court explained that this route applies to a United Kingdom resident where the act was an offence under the law of the foreign country when committed. (see para [11]) The court held that the provision requires foreign criminality and corresponding English criminality when the act was committed, plus the residence or nationality condition when proceedings begin. It does not require that a prosecution remains available in the foreign country at that later date. (see paras [11]; [12]) The court applied the provision as identifying the relevant time for the residence or nationality condition as the time when proceedings are brought. (see paras [11]; [12]) The court recorded that the appellant had not served the notice by which a defendant may require proof of the foreign-law condition. (see para [6]) Having resolved the statutory interpretation issue, the court held that it was unnecessary to consider the limits of the discretion conferred by this provision. (see para [13])

W v A Spanish Judicial Authority

[2020] EWHC 2278 (Admin) · 21 August 2020

Recognises that the alleged conduct fell within the extraterritorial jurisdiction of the English courts. That alternative jurisdiction did not materially reduce the public interest in extradition because section 19B did not apply and proceedings in Spain had already advanced (see paras [36], [39]-[43]).

What each judgment says about section 72 is in the case-law panel in the full Act.

Explanatory note

135.Subsection (1) of section 72 makes it an offence in England and Wales and Northern Ireland for a British citizen or UK resident (subject to subsection (2)) to commit certain acts overseas against a child under 16 (or, in Northern Ireland, under 17). The date referred to in subsection (2) is the commencement date of Part 2 of the Sex Offenders Act 1997, which this section re-enacts. The act done must amount to a sexual offence listed in Schedule 2 and must also amount to an offence in the country where it was committed. The exact description of the offence does not need to be the same in both countries. For example, the provisions could apply to someone who raped a child in another country although that offence was described differently under the law in that country. Subsection (4) provides that the defendant can require the prosecution to prove that what was done was an overseas offence.

All the explanatory notes for the Act

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F157S. 72 substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2)
  2. F158Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2
  3. F159Words in s. 72(1) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(2)(a); S.R. 2008/510, art. 2
  4. F160Word in s. 72(1)(b) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(a)
  5. F161Words in s. 72(1) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(2)(b); S.R. 2008/510, art. 2
  6. F162Words in s. 72(2) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(3)(a); S.R. 2008/510, art. 2
  7. F163Word in s. 72(2)(c) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(a)
  8. F164Words in s. 72(2) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(3)(b); S.R. 2008/510, art. 2
  9. F165Words in s. 72(3) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(4)(a); S.R. 2008/510, art. 2
  10. F166Word in s. 72(3)(c) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(b)
  11. F167Words in s. 72(3) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(4)(b); S.R. 2008/510, art. 2
  12. F168Words in s. 72(10) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(c)