If—
the person is guilty in England and Wales of that offence.
The offences to which subsection (1) applies are—
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.
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.
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—
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).
In the Crown Court the question whether the condition is met is to be decided by the judge alone.
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.