What is Strict Liability?

Crimes which are strict liability require no proof of mens rea in relation to one or more aspects of the actus reus. It could also be considered actionable per se as the crime speaks for itself. Strict liability offences are primarily regulatory offences aimed at corporations to improve health and safety regulations for example, but also in relation to individual crimes such as speedings offences. A crime however will not be considered regulatory if it is a 'true crime'. An example of a true crime in common law can be seen in Sweet v Parsley [1970]. This can be contrasted with a regulatory crime such as that of pollution in Alphacell v Woodward [1972]. There are many arguments for allowing strict liability. Firstly, strict liability raises standards and forces people to take extra precautions, protecting the general safety of the public (Callow v Tillstone, 1900). Furthermore, it is easier to administer charges, as often it will not be heard in court and will be dealt with administratively. To require mens rea for every case would be problematic to implement in the courts.

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