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Criminal Law

Criminal Law (15th edn)

Michael Allen and Ian Edwards
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date: 26 March 2023

p. 1234. Negligence and strict liabilitylocked

p. 1234. Negligence and strict liabilitylocked

  • Michael J. AllenMichael J. AllenFormer Commissioner at the Criminal Cases Review Commission and Professor of Law at Newcastle Law School
  •  and Ian EdwardsIan EdwardsSenior Lecturer in Law, University of East Anglia


Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the meaning of negligence, arguments for and against negligence as a basis for criminal liability, the meaning of strict liability, the origins of strict liability, justifications for strict liability, identifying offences of strict liability, the presumption of mens rea in offences of strict liability, defences to strict liability, and strict liability and the European Convention on Human Rights. A Law in Context feature examines critically the use of strict liability as the basis for liability in the offence of paying for the sexual services of a person who has been subject to exploitation.

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