A-Level Notes > York College A-Level Notes > Criminal Law Notes

How Are Strict Liability Created Notes

This is a sample of our (approximately) 3 page long How Are Strict Liability Created notes, which we sell as part of the Criminal Law Notes collection, a A package written at York College in 2015 that contains (approximately) 83 pages of notes across 41 different documents.

Learn more about our Criminal Law Notes

The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.

How Are Strict Liability Created Revision

The following is a plain text extract of the PDF sample above, taken from our Criminal Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.

How are strict liability offences created?

Two ways they can be created:

Common law Statute

Common law:



Very few common law offences Courts aren't keen on SL o Prefer to consider fault and intention before convicting Judges will follow Parliament but don't like creating Four common law offences o Blasphemous libel e.g. Lemon and Whitehouse v The Gay News o Outraging public decency e.g. Gibson and Sylveire o Public nuisance o Criminal libel

Statutory offences:



Most SL are statutory Over 3500 and growing Most are regulatory/ quasi criminal offences Often no moral element to the offence o Where there's no moral issue, court is more prepared to dispense with MR when interpreting a statute e.g. driving or food hygiene regulations
 E.g. B v DPP E.g.: o Road Traffic Act 1988 o Medicines Act 1968 o Food Safety Regulations 1990 (mouse in topic bar) o National Lottery Act 1993 o Licensing Act 1872 o Rivers (Prevention of Pollution) Act 1951 o Health and Safety at Work Act 1974

Problem of SL offences created by statute:

****************************End Of Sample*****************************

Buy the full version of these notes or essay plans and more in our Criminal Law Notes.