Q&As

Is an offence under section 111 of the Water Industry Act 1991 a strict liability offence?

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Published by a LexisNexis Corporate Crime expert

Published on: 23 May 2017

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Many of the common environmental offences impose Strict liability on the actions of a Defendant. When an offence does not require Proof of a mental element, or where no fault element is required in relation to one element of the actus reus but where mens rea is required in relation to other aspects, it is an offence of strict liability. In order to secure a conviction for a strict liability offence the only thing which needs to be proven is the act or omission which forms part of the offence and there is no need to prove any negligence or fault on the part of the defendant. See Practice Note: Strict liability.

The justifications for imposing strict liability for environmental crimes include:

•
it is in the public interest to do so
•
it acts as a deterrent so that those who have to comply with the law do not take risks, and

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Jurisdiction(s):

United Kingdom

Key definition:

Section 111 definition

What does Section 111 mean?

This refers to section 111 of the Local Government Act 1972 which is an important local government subsidiary power.

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