Why is Strict Liability Law Necessary?
There are several arguments for the development of strict liability as a part of the criminal law. With regard to corporate crime, the need to prove mens rea before a conviction can be made has resulted in a vast amount of criminal case law where conviction has been impossible simply because the “mind” of a company could not be determined. In R v. P & O Ferries (Dover) Ltd (1990), for example, Turner J ordered the acquittal of P & O Ferries after mens rea could not be attributed to the senior directors of the company; thereby assuring the company itself could not have the mens rea to have committed the crime of manslaughter. Strict liability law essentially removes this back door criminal defence. Developing Social Policy Using Strict Liability Strict liability also allows the development of social policy and the discouragement of certain undesired practices. In An Introduction to Law, Professor Phil Harris argues that strict liability has become prevalent in regulatory offences becaus
