Part 8 - Criminal

• Strict liability

  It is enough to have the actus reus, no need to establish the mens rea
• Relevant Acts

  • Criminal Law (Consolidation) (Scotland) Act 1995, s 52(1)
  • Sexual Offences (Scotland) Act 2009
  • Criminal Law (Consolidation) (Scotland) Act 1995, s 1
• How to know if it is strict liability

  1. Know what is says

  2. Check if there is a mens rea requirement

  3. Nature and type of offence (examples above)

  4. Is it a public welfare offence

  5. Check sections above and after

  6. Nature of penalty – if there is no prison sentence it is most likely to be strict liability
• Vicarious liability


  Generally, only liable for your own actions. However vicarious liability allows the employer to be liable for the employee
• Vicarious liability

  • The accused must have acted within the scope of his or her employment (no liability for when the employee has done something unexpected)
  • It is only for statutory offences (if an employee were to assault someone, company would not be liable since assault is a common law offence)