Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Mens rea definition

What does Mens rea mean? Mens rea describes the mental or fault element of a criminal offence—the state of mind the prosecution must prove, typically intention, knowledge, recklessness or dishonesty, depending on the offence. There is no single statutory definition. The required mental element is set by the wording of each offence in legislation and developed through case law. Courts apply a general presumption that offences require mens rea unless the statute clearly creates strict or absolute liability. Mens rea is distinct from the actus reus (the external elements). Save for strict liability offences, the prosecution must prove both elements beyond reasonable doubt and that they coincide...

Actus reus and omission liability: duties to act, statutory offences (POCA, Bribery Act, RTA, HSWA), medical treatment, creation of danger, and strict liability

Published by a LexisNexis Corporate Crime expert

Practice notes

Generally, to secure a conviction for a criminal offence, it must be shown that a person:

engaged in conduct that is prohibited,
failed to act in a legally required way (omission),
brought about a particular state of affairs, and
possessed the requisite mental element (Mens rea) while the criminal act was being carried out.

For details on the required mental element, see: State of mind—overview. That said, some offences—chiefly those created by statute—impose strict liability, meaning the prosecution need not prove fault or any mental element. See Practice Note: Strict liability.

Actus reus

The Criminal conduct or act constituting an offence is termed the actus reus, and this behavioural component is the defining feature of any offence. Certain offences require the behaviour to produce a specified consequence; others merely require that the behaviour occurs, and any resulting outcome is irrelevant. Each offence comprises particular elements, set out by the common law or in statutory definitions, which together form its actus reus, and these are the matters the prosecution must prove to establish the offence...

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Web page updated on 21/05/2026

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