ACCA LW · Chapter 1 · Question 10 of 10
When interpreting a statute, which of the following is a presumption that the courts apply unless the statute clearly indicates otherwise?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: B) A criminal offence requires proof of a guilty mind (mens rea)
Explanation
The courts presume that Parliament does not intend to create criminal liability without fault, so mens rea is required unless excluded expressly or by necessary implication. The opposite presumptions apply to the other options: a statute is presumed not to alter the common law more than necessary, not to have retrospective effect, and not to bind the Crown unless it says so.
More The English legal system MCQs
- Q2Which court is the final court of appeal for civil cases arising in England and Wales?
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- Q4Which of the following statements about the Court of Appeal (Civil Division) is correct?
- Q5Which of the following is an example of delegated legislation?
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