Laws LJ, with whom the other members of the court agreed, said that because s 39(2) creates a criminal offence ‘the section is to be construed not necessarily restrictively but at least conservatively unless there is a pressing greater imperative.’ Though it may be desirable to continue the protection given to children, it was not open to the court to extend it. Laws LJ said: ‘it is worth recording the obvious: that we are not here to legislate but to construe section 39 of the 1933 Act.’
Laws LJ
[2014] EWCA Civ 1777
Bailii
Children and Young Persons Act 1933 39
England and Wales
Media
Updated: 28 December 2021; Ref: scu.543496
