NCJ Number
57856
Journal
Criminal Law Review Dated: (OCTOBER 1978) Pages: 593-598
Date Published
1978
Length
7 pages
Annotation
THE BRITISH LAW COMMISSION'S REPORT ON HOW PARLIAMENT MIGHT HANDLE THE CONCEPT OF STRICT LIABILITY (LIABILITY WITHOUT FAULT) IS CRITIQUED.
Abstract
AN IMPLEMENTATION OF THE CONCEPT OF 'STRICT LIABILITY' REQUIRES THAT THE LAW STATE UNDER WHAT CIRCUMSTANCES BEHAVIOR THAT BRINGS HARM TO INDIVIDUALS OR PUBLIC INTERESTS DOES NOT INVOLVE CRIMINAL FAULT. THE BRITISH LAW COMMISSION, A BODY ESTABLISHED TO PROVIDE EXPERT GUIDANCE TO PARLIAMENT ON LAW REFORM, HAS TAKEN A POSITION ON THIS ISSUE IN A NUMBER OF ITS REPORTS--MOST RECENTLY IN ITS 'REPORT ON THE MENTAL ELEMENT IN CRIME.' THE REPORT DEALS WITH THE STATE OF MIND OF THE ACCUSED AS IT BEARS ON THE ESTABLISHMENT OF CRIMINAL FAULT. THE DRAFT BILL PROPOSED BY THE COMMISSION PROVIDES THAT STRICT LIABILITY CAN EXIST IN CONNECTION WITH AN OFFENSE ONLY IF IT IS SPECIFICALLY LABLED BY PARLIAMENT AS AN OFFENSE CARRYING LIABILITY WITHOUT FAULT. THE COURTS WILL THUS BE RELIEVED OF HAVING TO SPECULATE ABOUT PARLIAMENT'S INTENTION AS REGARDS THE APPLICATION OF STRICT LIABILITY TO AN OFENSE. IT CAN BE CONCLUDED FROM THIS REPORT AND FROM ITS WORKING PAPERS THAT THE LAW COMMISSION FAVORS LIABILITY BASED ON FAULT (INCLUDING NEGLIGENCE) AND IS AGAINST THE IMPOSITION OF LIABILITY WITHOUT FAULT, BUT THE REPORT DOES NOT GIVE A CLEAR STATEMENT OF PRINCIPLE NOR OFFER ANY FIRM GUIDANCE TO PARLIAMENT ON THE APPLICATION OF THE CONCEPT OF STRICT LIABILITY. THE COMMISSION'S SUGGESTION THAT THE SUBSTITUTION OF LIABILITY BASED ON NEGLIGENCE FOR STRICT LIABILITY WILL RESOLVE THE ISSUE IS TOO FACILE. THERE ARE TOO MANY OFFENSES, SUCH AS THOSE PROSCRIBED UNDER DRUG ABUSE LEGISLATION AND REGULATORY STATUTES, WHERE INFRACTIONS SHOULD BE LABELED SOMETHING OTHER THAN CRIMES. THE COMMISSION SHOULD ARTICULATE SOME POLICY WHICH WILL JUSTIFY TO PARLIAMENT THE IMPOSITION OF STRICT LIABILITY. FOOTNOTES ARE INCLUDED. ALSO SEE NCJ 57855. (RCB)