The commission of a criminal offence usually requires a positive act. Further, Lord Denning in Bratty v Attorney-General of Northern Ireland [1963] AC 386 (HL) stated “the requirement that it should be a voluntary act is essential…in every criminal case.” However, there are many exceptions to this legal “rule”. Some commentators, suggest that there are so many exceptions to the “rule”, that it is, to some extent, a fiction.

Explain the term ‘omission’ and evaluate the above statement using decided cases and academic opinion. In your answer, outline the arguments for and against imposing criminal liability for omissions.