Statutory Interpretation Exercise

Question Analysed

In the light of public concern over the use of crossbows and high-velocity catapults, the Government decided to legislate to control the use of such weapons.

The Law Commission considered the issue in a report on reform of aspects of Criminal law recommending the introduction a bill “to ensure that no-one is able to obtain or hold a crossbow or high-velocity catapult, whether home-made or mass-produced. Retail outlets must be prevented from transferring ownership or advertising such weapons for sale”.

The Dangerous Weapons Act 2006¹, below, was produced by the parliamentary counsel. During the Parliamentary passage of the measure the minister in charge of the bill stated that children’s catapults were not covered.

Dangerous Weapons Act 2006

An Act to ban the possession, use or transfer of dangerous weapons.

Ownership and transfer of dangerous weapons	1.	It shall be an offence to buy, sell or offer for sale a dangerous weapon.
Offence to use a dangerous Weapon	2.	It shall be an offence to own and use a dangerous weapon.
Interpretation	3.	In this Act “dangerous weapon” means a crossbow, a high-velocity catapult or any other instrument manufactured to fire projectiles.

Explanatory notes are published with the Act and in relation to section 2 state that a person in possession of a dangerous weapon commits an offence if he uses that weapon.

Assuming that there is no existing case law, use the rules of statutory interpretation to explain how the following problems may be resolved:

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¹ This is a fictitious Act.