Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/39

International Criminal Court Act 2001 (c. 17) Part 5—Offences under domestic law a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

(3) For this purpose—
 * (a) a person has intent—
 * (i) in relation to conduct, where he means to engage in the conduct, and
 * (ii) in relation to a consequence, where he 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.

(4) In interpreting and applying the provisions of this section (which corresponds to article 30) the court shall take into account any relevant judgment or decision of the ICC.Account may also be taken of any other relevant international jurisprudence.

67Meaning of “UK national”, “UK resident” and “person subject to UK service jurisdiction”

(1) In this Part a“United Kingdom national” means an individual who is—
 * (a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas Citizen,
 * (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or
 * (c) a British protected person within the meaning of that Act.

(2) In this Part a “United Kingdom resident” means a person who is resident in the United Kingdom.

(3) In this Part a “person subject to UK service jurisdiction” means—
 * (a) a person subject to military law, air force law or the Naval Discipline Act 1957 (c. 53);
 * (b) any such person as is mentioned in section 208A or 209(1) or (2) of the Army Act 1955 (c. 18) or the Air Force Act 1955 (c. 19) (application of Act to passengers in HM ships and aircraft and to certain civilians); or
 * (c) any such person as is mentioned in section 117 or 118 of the Naval Discipline Act 1957 (application of Act to passengers in HM ships and to certain civilians).

68Proceedings against persons becoming resident within the jurisdiction

(1) This section applies in relation to a person who commits acts outside the United Kingdom at a time when he is not a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction and who subsequently becomes resident in the United Kingdom.

(2) Proceedings may be brought against such a person in England and Wales or Northern Ireland for a substantive offence under this Part if—
 * (a) he is resident in the United Kingdom at the time the proceedings are brought, and