ABSENCE OF EXPRESS REQUIREMENT FOR MENS REA UNDER S.40C(1)(A) PRISON ACT 1952

[2009] EWCA Crim 2615 [2009] EWCA Crim 2615

The offence of bringing a prohibited List B article into prison under the Prison Act 1952 s.40C(1)(a) was not an offence of strict liability; despite the absence of any express requirement of mens rea and the presence of such language elsewhere in the statute, there had been no rebuttal of the overriding presumption in favour of mens rea as an essential ingredient of the offence.