Criminal Law Code as at 1st March 2007 (2) This section does not limit the effect of any enactment which⎯ (a) regulates the territorial jurisdiction of any court; or (b) makes special provision for the trial, conviction or punishment of particular extraterritorial crimes. CHAPTER II ELEMENTS OF CRIMINAL LIABILITY PART I CRIMINAL CAPACITY 6 Children under seven years of age not criminally liable A child below the age of seven years shall be deemed to lack criminal capacity and shall not be tried for or convicted of any crime which he or she is alleged to have committed before attaining that age. 7 Criminal capacity of children between seven and fourteen years of age A child who is of or over the age of seven years but below the age of fourteen years at the time of the conduct constituting any crime which he or she is alleged to have committed shall be presumed, unless the contrary is proved beyond a reasonable doubt⎯ (a) to lack the capacity to form the intention necessary to commit the crime; or (b) where negligence is an element of the crime concerned, to lack the capacity to behave in the way that a reasonable adult would have behaved in the circumstances. 8 No presumption of criminal incapacity for persons over the age of fourteen years For the avoidance of doubt it is declared that no person who is of or over the age of fourteen years shall be presumed to lack the capacity to form the necessary intention to commit any crime or, where negligence is an element of the crime concerned, to behave in the way that a reasonable person would have behaved in the circumstances of the crime. PART II CRIMINAL CONDUCT 9 Liability for criminal conduct A person shall not be guilty of or liable to be punished for a crime unless⎯ (a) the crime is defined by this Code or any other enactment; and (b) the person committed the crime or was a party to its commission as provided in this Code or in the enactment concerned; and (c) his or her liability is based upon voluntary conduct; and (d) subject to subsection (5) of section seventeen, the person engaged in the conduct constituting the crime with any of the blameworthy states of mind referred to in sections thirteen to sixteen, as this Code or any other enactment may require; and - 19 -