Crime

Actus Reus Practice Questions

Free NPPF Step 2 Actus Reus question with full answers, for Sergeant and Inspector candidates.

20+ questions in the full bankType A format

About this topic

Actus reus is the conduct element of an offence: the act, omission or state of affairs the prosecution must prove. Exam questions test the edges of it, such as when an omission is enough, when a duty to act arises, and when a defendant's own act breaks or keeps the chain of causation.

Expect scenarios on causation (factual and legal), intervening acts, duties arising from statute, contract, relationship or creating a danger, and involuntary conduct such as automatism.

Key legislation and cases

Common law principles of causation
Road Traffic Act 1988 (statutory duties to act)
R v Miller [1983], R v Pagett [1983], R v Cheshire [1991]

Worked example

Try the question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 1Standard

Thornton is involved in a road traffic collision in which another vehicle is damaged. No one is injured. Thornton drives away without stopping or reporting the incident. DC Webb considers whether Thornton has committed an offence by failing to stop and report under the Road Traffic Act 1988. Which of the following correctly states the position?

AThornton commits no offence by driving away - there is no general duty to stop or report after a road traffic collision unless someone is injured. Property damage alone does not trigger any statutory duty.
BThornton commits an offence - under s.170 Road Traffic Act 1988, a driver involved in an accident causing damage to another vehicle or property must stop and, if required, give their details. Failure to do so is a criminal offence arising from a statutory duty to act.
CThornton commits an offence only if they knew the collision had occurred - the s.170 duty is conditional on the driver's awareness that an accident took place.
DThornton commits an offence, but only if the collision caused damage exceeding a minimum threshold set by the Road Traffic Act 1988 - minor scrapes below the threshold do not trigger the duty.

Show answer and explanation

Answer: B

Under s.170(2) Road Traffic Act 1988, where an accident occurs causing damage to another vehicle or to property on or adjoining the road, the driver must stop and, if required, give their name and address. Under s.170(3), if details are not given at the scene, the accident must be reported to a constable as soon as reasonably practicable and within 24 hours. The duty applies to any damage - there is no minimum threshold.

s.170(2), s.170(3) Road Traffic Act 1988

s.170(2): "The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address..." s.170(3): "If for any reason the driver does not give his name and address... he must report the accident at a police station... as soon as reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident."

A: The s.170 duty applies to property damage as well as personal injury. There is no exemption for property-damage-only accidents.
C: Awareness is relevant to mens rea but the statutory duty itself applies regardless. Where the driver genuinely had no awareness, this may be a defence to the specific charge - but the duty exists by statute.
D: There is no minimum damage threshold in s.170 RTA 1988. Any damage to another vehicle or roadside property triggers the duty.

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