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So if a person sees you are about to have your phone searched by police they can send you child pornography and you will go to jail? It somehow doesn't sound li

• switch007 9y ago
  We should probably be mentioning which laws (and subsections) we're talking about because: "The presumption of mens rea is rebutted by express provision in the statute excluding the requirement of mens rea. Where the statute is silent as to the requirement the general presumption remains, however, the courts may look at other offences created under the same Act. If the other offences expressly require mens rea, the courts may well take the view that the omission to refer to such a requirement was deliberate and that Parliament intended to create an offence of strict liability." [0] E.g. there is a section on mens rea for the Protection of Children Act 1978 here: https://en.wikipedia.org/wiki/Protection_of_Children_Act_1978 https://en.wikipedia.org/wiki/Protection_of_Children_Act_197... [0] http://e-lawresources.co.uk/Strict-liability.php http://e-lawresources.co.uk/Strict-liability.php