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Strict Liability - Evaluation (Justification (policy issues (is protection…
Strict Liability - Evaluation
Justification
policy issues
is protection of the public outweighing the individuals rights?
but it is necessary to have SL offences, for example in regarding safety of cars/driving
social utility
protection provided to the public, means people are more careful and take more precautions in areas covered (e.g. food, drink)
however there is little to no evidence that SL offences help improve standard
easier to enforce
no need to prove MR
saves court time
due diligence defence does exist, though not to a great extent
:red_flag: Shah and Shah, defence was allowed to someone promoting the lottery but not someone selling the tickets
allowances for levels of blameworthiness can be made in sentencing (no set min or max)
due diligence sometimes exist, mistake defence sometimes allowed
Arguments against SL
imposes liability on those who are not blameworthy
:red_flag: Callow :
:red_flag: Shah and Shah
people unaware of risks, or who have taken all steps to prevent risks will be guilty
:red_flag: Environment Agency v Brock plc
no evidence that SL offences improve standards
contrary to human rights
some carry a social stigma
:red_flag: R v G on sex offenders register
Strict Liability and Human Rights
Article 6 - right to a fair trial
Article 6(2) - presumption of innocence
:red_flag: R v G
D guilty as offence was SL, and may be committed irrespective of consent, reasonable belief in consent and reasonable belief as to age
HL upheld CA devision that the fact that was an offence of SL did not breach human rights
Proposals to reform SL
key problem is that there is no way of knowing whether Parliament has deliberately decided to make an offence one of SL or they didn't realise what the wording had created
has been suggested Parliament should state expressly in the Act whether the offence is one of SL or not
could also give all offences the defence of due diligence
any offence punishable by prison time = not an SL offence
removal of regulatory offences from the criminal justice system
what about more mainstream criminal liability in tis area such as R v G cases?