NCTJ Court Reporting Practice Exam

Which statement best describes a strict liability offence?

1. An offence requiring proof of the defendant's intent

2. An offence where the act itself constitutes the violation

3. An offence that is subject to civil law

4. An offence primarily for regulatory purposes

The correct answer is: An offence where the act itself constitutes the violation

A strict liability offence is characterized by the idea that the act itself constitutes the violation without the need to prove the defendant's intent or mental state at the time of the offence. This means that even if an individual did not intend to break the law or was unaware of their actions being unlawful, they can still be held liable for the conduct in question due to the nature of the offence. This type of offence often relates to situations where public safety is involved, such as regulatory statutes dealing with food safety, environmental protection, or traffic violations, where the focus is primarily on the act rather than the actor's intention. As a result, strict liability is utilized to encourage compliance and discourage negligent behaviour that could lead to harmful outcomes. The other options suggest elements such as needing to establish the intent of the defendant, implying the offence is only subject to civil law, or suggesting it is primarily regulatory, but these do not capture the essence of strict liability as accurately as the understanding that the act alone constitutes a violation.