What are presumptions?
What are the 4 different kinds of presumptions and what do they mean?
1. A presumption against a change in the common law
Unless the Act clearly states that what would normally happen has changed then the courts will apply the law as it is normally.
2. A presumption that mens rea is required in criminal cases
A person cannot be convicted of a crime if they did not have the intion or knowledge to do so
3. A presumption that the Crown is not bound
Parliament is not restriced by a law unless the law clearly states otherwise
4. A presumption that legislation does not apply retrospectively
Someone cannot be convicted of a crime if the law they have broken has been changed or has become irrelevant