Reservations and Declarations for Treaty No.185 - Convention on Cybercrime

Nature of declaration : Reservations
Status as of 13/12/2017

United Kingdom

Reservation contained in the instrument of ratification deposited on 25 May 2011 - Or. Engl.

In accordance with Article 9, paragraph 4, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right not to apply Article 9 (2) (b), which states that “child pornography” includes “a person appearing to be a minor engaged in sexually explicit conduct”, as this provision is incompatible with domestic law regarding indecent photographs of children.
Period covered: 01/09/2011 -
Articles concerned : 9

Reservation contained in the instrument of ratification deposited on 25 May 2011 - Or. Engl.

In accordance with Article 22, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right not to apply Article 22 (1) (d). The UK can extend extra-territorial jurisdiction over most of the offences in Articles 2-11, although not over fraud committed in Scotland, under specific circumstances. As there is no overarching arrangement that extends extra-territorial jurisdiction, the UK cannot say that it will apply in every case.
Period covered: 01/09/2011 -
Articles concerned : 22

Reservation contained in the instrument of ratification deposited on 25 May 2011 - Or. Engl.

In accordance with Article 29, paragraph 4, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right not to apply Article 29 where execution of the request for preservation requires the exercise of coercive powers and where dual criminality cannot be established.
Period covered: 01/09/2011 -
Articles concerned : 29

Reservation contained in the instrument of ratification deposited on 25 May 2011 - Or. Engl.

In accordance with Article 9, paragraph 4, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that it reserves the right not to apply Article 9 (2) (c), as Scotland has no offence covering a ‘realistic’ image which is not, and is not derived from, a photograph of a real person.
Period covered: 01/09/2011 -
Articles concerned : 9


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