'Superior responsibility - national proceedings' in document 'UK - ICC Act (Overseas Territories) Order 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Responsibility of commanders and other superiors
69. (3) With respect to superior and subordinate relationships not described in subsection (2), a superior is responsible for offences committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates where—

(a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences,
(b) the offences concerned activities that were within his effective responsibility and control, and
(c) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(4) A person responsible under this section for an offence is regarded as aiding, abetting, counselling or procuring the commission of the offence.

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Mental element
70.(2) (c) section 65 (responsibility of commanders and other superiors),