Statutory Interpretation

1. Give a brief explanation of how assumptions and presumptions are used.

2. List the four types of presumptions.

1. Courts can make presumptions or assumptions about the law, but they are only a starting point. If the statute explicitly states the opposite then the presumption cannot be applied.

2. The four types are as follows;

• A presumption against a change in the common law
• A presumption that means rea is required in criminal cases
• A presumption that the Crown is not bound
• A presumption that legislation does not apply retrospectively.