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Appraising Strict Liability$
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Andrew Simester

Print publication date: 2005

Print ISBN-13: 9780199278510

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199278510.001.0001

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Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights

Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights

Chapter:
(p.195) 8 Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights
Source:
Appraising Strict Liability
Author(s):

G. R. Sullivan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278510.003.0008

This chapter considers whether laws and practice relating to strict liability offences have been affected by the incorporation of the ECHR into domestic English law, following the passing of the Human Rights Act (HRA) 1998. It focuses on particular articles of the Convention rather than on the at large justifiability, in whole or in part, of strict liability. It begins by briefly discussing the implications of strict liability for justice and fairness to individuals. It considers arguments that emphasize the primacy, in terms of moral and legal responsibility, of the outcomes attributable to an agent's conduct rather than the disposition and motivation of the agent when causing those outcomes. If such arguments are persuasive, strict liability may be taken to be less problematic than has commonly been held to be the case. If this is so, there may be less intensity in the scrutiny applied to strict liability under the terms of the Convention.

Keywords:   European Convention of Human Rights, English law, human rights, criminal law, strict liability, criminal liability

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