Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Presumptions
- This topic has 1 reply, 2 voices, and was last updated 8 years ago by
MikeLittle.
- AuthorPosts
- June 8, 2017 at 11:35 am #391783
Hi Mike!
The statutory interpretation presumptions in the notes are not covered in the lecture, but I find them too ambiguously stated in the notes. I would like to ask for help understanding them but am not sure how to since there are I think nine points and it seems too lengthy for this forum to ask for all nine. May I ask about them one by one?
June 8, 2017 at 12:35 pm #391801Statute is not to alter existing common law – common law is established over hundreds of years so it would be wrong for statute to be passed without it being made very clear that common law was being superseded
Where statute deprives a person of his property… – it is presumed that that person will be fairly compensated
Statute does not operate retrospectively – it’s not possible to pass law and say that something that you did 4 years ago is no longer allowable and, what’s more, you are liable for your actions from 4 years ago, even though they were perfectly legal at the time
Statute does not bind the Crown – difficult to imagine the Queen standing as a defendant in Court
Statute is not to deprive a person of their liberty – it should not be possible to hold someone indefinitely without charge (48 hours I believe at the moment unless it’s terrorist related in which case it’s 72 hours. I’m not certain about these time periods but they’ll never be asked in F4) We in England, are not like the Americans and Guantanamo Bay!
Statute operates throughout the UK… – when parliament passes law, the intention is that it should apply throughout the UK except certain laws are not applicable to Scotland where they have their own version of what should happen (Probably Northern Ireland too, but I’m not 100% on that)
…but not in conflict with Europe – this is interesting at this moment in our history. As on June 8 2017 we are still within the European Union but if the Tories gain the strong and stable majority that they seek in today’s general election, Brexit may become a thing of the immediate future. Undoing Britain’s commitment to European legislation will take some time but Brexit will open the door to parliament passing laws that could theoretically be diametrically opposite to the equivalent law that is effective throughout Europe
Unless perfectly clear, statute is not to create an offence of absolute liability – unless it’s made 100% clear with no ambiguity, there cannot be statute passed that creates an offence for which there is no defence. Driving a motor vehicle that does not have the required average depth of tread on the tyres? No defence! Driving whilst under the influence of alcohol? Yes, there are and have been successful defences raised
Statute is not to conflict with existing statute – can’t pass a law that contradicts another existing law. Have to repeal the earlier one that is being replaced by the later one
Will that do for you?
- AuthorPosts
- The topic ‘Presumptions’ is closed to new replies.