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International Criminal Court (Scotland) Act 2001

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This is the original version (as it was originally enacted).

8Mental element

This section has no associated Explanatory Notes

(1)References in this Part of this Act to a person committing—

(a)genocide;

(b)a crime against humanity;

(c)a war crime; or

(d)any of the acts mentioned in article 70.1 (offences against the administration of justice),

shall be construed in accordance with this section.

(2)Unless otherwise provided by—

(a)the articles mentioned in the definition in section 1(4) of this Act of the crimes specified in subsection (1)(a) to (c) above;

(b)any relevant Elements of Crimes;

(c)section 4(1) of this Act or article 70.1; or

(d)section 5 of this Act,

a person shall be regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

(3)For the purposes of subsection (2) above—

(a)a person has intent—

(i)in relation to conduct, where the person means to engage in the conduct; and

(ii)in relation to a consequence, where the person means to cause the consequence or is aware that it will occur in the ordinary course of events; and

(b)“knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

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