tools - presumptions

• how are presumptions used?

  judges can make certain presumptions about the law despite the fact that the act is silent on the subject
• when would a presumption not apply?

  if the act clearly states the opposite
• what are the 3 presumptions?

  • mens rea is required in criminal cases
  • the crown is not bound
  • legislation does not apply retrospectively
• what is mens rea?

  guilty mind - a basic common law rule that nobody should be convicted of a crime unless it is shown that they had that required guilty mind
• give the case example for mens rea

  Sweet v Parsley 1970
• explain sweet v parsley 1970

  landlady not charged with smoking cannabis in her leased out property as it was the people she rented it to who were doing it & she didn't know (she had no guilty mind)
• what is the crown is not bound?

  the monarch is not bound by any statute
• what is the only exception for the crown is not bound?

  section 12 of hunting act 2004 (states it applies to the crown)
• explain legislation does not apply retrospectively

  acts should be prospective & not apply to past happenings
• what are the 2 exception acts?

  • war crimes act 1991
  • human rights act 1998
• why is the war crimes act an exception?

  allows courts to try people who committed crimes in Nazi Germany in WW2 who have since become British citizens
• why is the human rights act an exception?

  requires that legislation enacted before this act must be interpreted as if the human rights act was emplaced at that time