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GlossaryCriminal Law

Actus reus

The physical element of a criminal offence; the conduct, act, or omission the prosecution must prove the accused actually carried out.

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May 2026reviewed
In detail

How actus reus works in practice.

Actus reus is the physical or external element of a criminal offence. The prosecution must prove both the actus reus and the required mental element (mens rea) to secure a conviction for most offences. The actus reus can be a voluntary act, a failure to act where there is a duty to do so, or a state of being in certain circumstances (such as being in possession of a prohibited substance). In a drug possession charge, the actus reus is the physical possession of the substance; in an assault charge, it is the application of unlawful force.

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