Liability for omissions

Question 1

What does George Kerr 1971 tell us?

Answer 1

There is no general duty to prevent a crime from taking place or to protect others from harm.

Question 2

What does the Terrorism Act 2000 s.19 state?

Answer 2

There is a duty to report if there is belief that an act of terrorism has been committed.

Question 3

What does the Criminal Justice and Licensing (Scotland) Act 2010 s.31 state?

Answer 3

There is a duty to report evidence of serious organised crime.
- Targeted at bankers etc. who may find evidence of money laundering etc.
- Definition of serious organised crime is very broad so could include quite insignificant crimes.
- Puts quite an onerous duty on individuals. Can create criminal responsibility in situations where people do not know they have a duty.
- Expected to report when there is a close personal relationship.

Question 4

Category of duty: where there is a special or personal relationship.

Answer 4

Bone v HMA [2005] ScotHC HCJAC 124.
R v Russell [1933] VLR 59.

Question 5

Category of duty: assumption of responsibility.

Answer 5

R v Instan [1893] 1 QB 450.

Question 6

Category of duty: where the person has created a dangerous situatution.

Answer 6

McCue v Currie 2004 JC 73.