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...

Rape: Elements, Consent, Presumptions, Charging and Evidence under the Sexual Offences Acts (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

The old law and the new law of rape

This Practice Note refers to both the former and the current law on rape. The earlier regime is split into three eras, determined by the date the offence occurred:

1 January 1957 to 21 December 1976: governed by section 1 of the Sexual Offences Act 1956 (SOA 1956), later amended by the Sexual Offences Act 1967 in relation to homosexual acts
22 December 1976 to 2 November 1994: covered by section 1 of the Sexual Offences (Amendment) Act 1976 (SO(A)A 1976)
3 November 1994 to 30 April 2004: subject to SOA 1956, section 1, as modified by the Criminal Justice and Public Order Act 1994 (CJPOA 1994)

The new framework applies from 1 May 2004 onwards, capturing offences under section 1 of the Sexual Offences Act 2003 (SOA 2003). Despite this, the previous law can remain pertinent where allegations are historical...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...