Legislation – Domestic Abuse Act 2021
Changes to legislation:
Domestic Abuse Act 2021, Section 72 is up to date with all changes known to be in force on or before 07 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 72:
- s. 49A 49B and cross-heading inserted by 2024 c. 21 s. 20(2)
- s. 56(4)(c) inserted by 2024 c. 21 s. 20(4)
- s. 87(6)(aa) inserted by 2024 c. 21 s. 20(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 49A 49B and cross-heading inserted by 2024 c. 21 s. 20(2)
- s. 56(4)(c) inserted by 2024 c. 21 s. 20(4)
- s. 87(6)(aa) inserted by 2024 c. 21 s. 20(5)
PART 6Offences involving abusive or violent behaviour
Offences committed outside the UK
72Offences against the person committed outside the UK: England and Wales
(1)
If—
(a)
a person who is a United Kingdom national or is habitually resident in England and Wales 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, would constitute an offence to which this subsection applies,
the person is guilty in England and Wales of that offence.
(2)
The offences to which subsection (1) applies are—
(a)
murder;
(b)
manslaughter;
(c)
an offence under section 18, 20 or 47 of the Offences Against the Person Act 1861 (offences relating to bodily harm or injury);
(d)
an offence under section 23 or 24 of that Act (administering poison);
(e)
an offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
(3)
Subsection (1) does not apply where a person would, in the absence of that subsection, be guilty of an offence of murder or manslaughter under the law of England and Wales.
(4)
An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsection (1)(b) however it is described in that law.
(5)
The condition in subsection (1)(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.
(6)
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 (5).
(7)
In the Crown Court the question whether the condition is met is to be decided by the judge alone.
(8)
In this section—
“act” includes a failure to act;
“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.