Creating criminal offences
This is a single section from Chapter 24. Read the full chapter here.
What defences, if any, should be available?
Legislation should identify any specific defences that are available.
It is important to consider whether any factors that exonerate the defendant from criminal liability should be specified in legislation. Certain general defences, such as self-defence, will exist without needing to be specified or cross-referenced.
However, particularly when strict liability offences are justified, it is necessary to specify any defences that a defendant is entitled to raise in the relevant statutory context that, if accepted, would result in acquittal.