Cap. 453 ст. 8Mental element. Detention in Malta in pursuance of ICC sentence. Cap. 260.

(1) References in this Part to a person committing any of the acts mentioned in the relevant article, shall be construed in accordance with this article.

(2) Unless otherwise provided by article 7 or by the relevant article, a person is regarded as committing an act referred to in subarticle (1) 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 article (which corresponds to article 30 of the ICC Treaty) the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.

(a) Malta is designated by the ICC as the state in which a person, hereinafter in this Part referred to as ''the prisoner'', is to serve a sentence of imprisonment imposed by the ICC, and

(b) the Minister informs the ICC that the designation is accepted.

(2) The Minister shall issue a warrant authorising -

(a) the bringing of the prisoner to Malta,

(b) the detention of the prisoner in Malta in accordance with the sentence of the ICC, and

(c) the taking of the prisoner to a prison, within the meaning of the Prisons Act, in Malta.

The provisions of the warrant may be varied by the Minister, and shall be so varied to give effect to any variation of the ICC’s sentence.

(2) Subject to the provisions of subarticle (3), a prisoner subject to a warrant authorising his detention in a prison in Malta shall be treated for all intents and purposes as if he were subject to a sentence of imprisonment imposed in exercise of criminal jurisdiction by a court in Malta.

(3) The provisions of any regulations made under the Prisons Act shall apply to a prisoner under this Part subject to such modifications, adjustments or adaptations as the Minister may by regulations under this subarticle prescribe after consultation with the Minister responsible for prisons.