Chapter 4 Key facts checklist
Strict liability
- An element of the actus reus of an offence is ‘strict liability’ if that element does not have any mens rea.
- Strict liability is often referred to as no-fault liability.
- Strict liability is very rare at common law, but common in minor statutory offences.
- Where a statute is silent as to mens rea, the judge must interpret the provision to decide if the offence has mens rea (the starting point) or is one of strict liability.
- There is a debate about whether the imposition of criminal liability in the absence of proof of fault can be justified.