Mens Rea
The mental element ('guilty mind') required for criminal liability. Different offences require different levels of mens rea: intention, recklessness, or negligence.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
CPS legal guidance explains the two elements of criminal liability together: a principal offender 'carries out the substantive offence i.e. performs or causes the actus reus of the offence with the required mens rea' — the mens rea is the state of mind that must accompany the physical act.
The required mens rea can vary even within what looks like a single type of offence. For example, in charging decisions for grievous bodily harm, the distinction between the more serious section 18 offence and the lesser section 20 offence under the Offences Against the Person Act 1861 is the mens rea of the offence — broadly, whether the defendant intended serious harm or only foresaw the risk of some harm.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.