Strict Liability

... Question Explain how strict liability is used in criminal law, and consider whether it should be used in this way Answer In criminal law it is established that if a defendant is to be found guilty of an offence they must have the necessary actus reus and mens rea. However, for an offence of Strict Liability to be committed there is no need for the mens rea element because the state of mind of the accused is never questioned. Guilt in these cases is established as soon as it is proved that the accused committed the actus reus. Most of the strict liability offences such as Road Traffic Offences are statutory or Regulatory crimes created but statutes and not by common law. They are directed at businesses, whose owners may be prosecuted if they do not take adequate steps to ensure that their business operates properly. Where an offence is likely to affect the

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