Criminal act or omission


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes
In-house

Criminal act or omission


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
In-house
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Generally, for a person to be found guilty of a criminal offence, it must be shown that they:

  1. •

    acted in a particular way which is prohibited, or

  2. •

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

  3. •

    brought about a state of affairs

  4. •

    and had the required mental element or Mens rea at the time of the carrying out of the criminal act

For information on the required mental element, see: State of mind—overview.

However, some offences, mostly statutory based, create strict liability where it is not necessary for the prosecution to prove any mental element or fault. See Practice Note: Strict liability.

Actus reus

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. Some offences require that the conduct cause a particular outcome while others simply require that the conduct take place and the consequent result of the conduct is immaterial.

Every crime has specified elements, prescribed by the common law or by the statutory definition of the

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Mens rea definition
What does Mens rea mean?

The 'guilty mind', the intent element of an offence.

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