Criminal conduct

Copyright © 2025 LexisNexis

For a person to be found guilty of a criminal offence it must be shown that they:

  1. •

    acted in a particular way

  2. •

    failed to act in a particular way (omission), or

  3. •

    brought about a state of affairs.

The criminal conduct or criminal act of an offence is also known as the actus reus and this behavioural element is the essential characteristic of any offence.

Criminal act

The mental element of an offence is what a defendant must have had, while the criminal act is done or was failed to be done. When proving the required criminal act it must be shown that:

  1. •

    the defendant's conduct was voluntary, and

  2. •

    it occurred while they still had the requisite mental element

Other than in a few specific instances where an omission will suffice, the prosecution must show that the defendant acted voluntarily by operation of their own free will.

Generally, it must also be shown that the defendant had the required mental element or mens rea at the time of the carrying out of the criminal act.

See Practice Note: Criminal act or omission.

Omission

Criminal

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Corporate Crime News

Home Office publishes first Economic Crime Plan 2 outcomes progress report

The Home Office has published its first progress report on the Economic Crime Plan 2 (ECP2), covering England and Wales. The report highlights collaboration between the public and private sectors to combat economic crime, protect national security, and support legitimate growth. It focuses on the outcomes framework developed under ECP2, sharing insights from key indicators used to track system performance. While the data shows some progress and strategic understanding, the report notes challenges in assessing overall impact due to data limitations. It also outlines efforts to improve data quality and coverage to better measure performance across the economic crime system.

CPS says new economic crime plans could land in 2025

Law360: New plans to tackle economic crime by creating an environment in which criminals 'fear both detection and prosecution' will land later in 2025, a senior British prosecutor said on 1 September 2025.

MoJ introduces dual approval system for Sentencing Council guidelines

The Ministry of Justice (MoJ) has announced that the Sentencing Council will require explicit approval from both the Justice Secretary and Lady Chief Justice before issuing new guidelines. The change, introduced through the Sentencing Bill in the House of Commons, follows a disagreement between the Justice Secretary and Council earlier in 2025. The legislation requires Justice Secretary approval of the Council's annual business plan, while maintaining judicial independence in individual sentencing decisions.

New fraud law crackdown will take years, lawyers warn

Law360, London: Anti-fraud enforcement agencies will soon fire the starting gun on major reforms that will hold companies criminally liable for fraud—but the race to court will be slow, and it will take years before prosecutors can claim success, lawyers say.

View Corporate Crime by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Automatism

AutomatismThere is a distinction between insane and non-insane automatism; insane automatism, otherwise known as insanity, does not provide a complete defence but rather a special verdict of ‘not guilty by reason of insanity’. However, a defence of non-insane automatism provides a total of defence

Strict liability

Strict liabilityStrict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the offence. What the defendant knew, believed, or intended is unlikely to be relevant. Guilt can therefore be established by the commission of an act

Attempt

AttemptA person is guilty of attempting to commit an offence if they do an act that is more than preparatory to the commission of the offence, with the intention of committing an offence. An attempt is an offence of specific intent. It requires an intention to commit an offence. The offence itself

Conspiracy

ConspiracyThere are three main inchoate offences in English law: •conspiracy—where at least two people have agreed to commit a crime•attempt—where the defendant has tried to commit the offence and has got relatively close to achieving the objective (see Practice Note: Attempt), and•encouraging or
Automatism

Automatism

AutomatismThere is a distinction between insane and non-insane automatism; insane automatism, otherwise known as insanity, does not provide a complete defence but rather a special verdict of ‘not guilty by reason of insanity’. However, a defence of non-insane automatism provides a total of defence

Strict liability

Strict liability

Strict liabilityStrict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the offence. What the defendant knew, believed, or intended is unlikely to be relevant. Guilt can therefore be established by the commission of an act

Attempt

Attempt

AttemptA person is guilty of attempting to commit an offence if they do an act that is more than preparatory to the commission of the offence, with the intention of committing an offence. An attempt is an offence of specific intent. It requires an intention to commit an offence. The offence itself

Conspiracy

Conspiracy

ConspiracyThere are three main inchoate offences in English law: •conspiracy—where at least two people have agreed to commit a crime•attempt—where the defendant has tried to commit the offence and has got relatively close to achieving the objective (see Practice Note: Attempt), and•encouraging or