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Strict Liability in Criminal Law Essays
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It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use.
Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments.
It is often argued that by promoting high standards of care, strict liability protects the liberty of the public from dangerous practices. Barbara Wootton (Crime and Criminal Law:…show more content…
There does appear, however, to be a strong argument for its use in order to protect the consumer, and perhaps more specifically, the public.
There is also a great deterrent value in the implementation of strict liability. Roe (Criminal Law, 2nd ed, 2001, p.210) tells us that many offences are not handled by the Crown Prosecution Service or the police, but by ‘…special Government bodies, such as the Health and Safety Inspectorate, which checks that safety rules are observed in the workplace.’ The bodies tend to work by pressuring any potential offenders into putting right any breaches with the threat of prosecution. It is the opinion of this essay that this could be an effective method in combating the breaching of any Health and Safety rules; strict liability may allow enforcement agencies to ‘Strengthen their position’ (Roe, p.211.1) as potential offenders are aware that if any prosecution is brought against them, there is a good chance of conviction, due to the nature of strict liability.
Elliot and Quinn (p.33.1) tell us that ‘strict liability makes enforcing offences easier.’
In Gammon (Hong Kong) Ltd v A-G (1985), the defendants were involved in building