Is the 'Failure to Act' a Sufficient Basis for Criminal Liability under English Criminal Law?

Abstract

There are instances in which English law imposes criminal liability on those who fail to act. Failing to act can have serious consequences. The criminal law operates using a general rule that a criminal act must be a positive, with good reason. However, in instances where a defendant has a responsibility, (assumed or imposed) UK criminal law imposes liability on those who fail to protect the person or property for which they are responsible. The imposition of criminal liability for failing to act raises concerns about the sort of society in which we would like to live. This article details the instances in which liability is, and should be, imposed for failure to act.

Keywords: Criminal law, omissions liability, failure to act