Chapter 5- Law making: Statutory Interpretation Flashcards
The courts task in statutory interpretation?
Decide the exact meaning of a particular word or phrase.
What is a broad term?
There may be words designed to cover several possibilities, this can lead to problems as to how wide this should go.
An example of a broad term that was misinterpreted?
Dangerous dogs act 1991 a phrase ‘any dog of the type known as the pit bull terrier’
In Brock V DPP (1993) this was the key point in dispute and the queens bench divisional court decided that the ‘type’ had a broader meaning than breed.
What is ambiguity?
This is where a word has two or more meanings; it may not be clear which meaning should be used.
A drafting error?
The parliament counsel who drafted the original bill may have made an error which had not been noticed by parliament. This is likely to occur where the bill is amended several times while going through parliament.
An example of a drafting error?
Section 18 and 20 of the Offences against the Person Act.
Section 18 uses the word ‘cause’ while s20 uses the word ‘inflict’.
Both sections are concerned with assaults where there has been GBH.
New developments
New technology may mean that an old act of parliament does not cover present day situations. This is seen as in the case of Royal College of Nursing V DHSS (1981) where medical science and methods have changed since the passing of the Abortion act in 1967.
Changes in the use of language
The meaning of words has changed over the years. This was one of the problems in the case of Cheeseman V DPP (1990)
What are the 3 rules that different judges can interpret?
The literal rule
The golden rule
The mischief rule
Literal rule definition
A rule of statutory interpretation that gives the words their plain ordinary or dictionary meaning.
Whitely V Chappel 1868 (Literal rule)
A defendant was charged under a section which made it an offence to impersonate ‘any person entitled to vote’. The defendant had pretended to be a person whose name was on the voters list but who died. The court held that the defendant was not guilty since a dead person is not in the literal meaning ‘entitled to vote’
London & North Eastern Railway V Berriman (1946) (Literal Rule)
Railway worker was killed while doing maintenance work, oiling points along a railway line. His widow tried to claim compensation as there was no look out man provided in accordance with the regulation under the Fatal Accidents Act which stated a look out must be provided for men ‘relaying or repairing’ the track. It was held in the literal meaning that he did neither of these and the claim for compensation failed.
Golden rule definition
A rule of statutory interpretation. It is a modification of the literal rule and avoids an interpretation that is absurd.
Adler V George (1964) (Golden Rule)
Official Secrets Act 1920 made it an offence to obstruct Her majesty’s forced ‘in the vicinity’ of a prohibited place. Defendants argued they were not guilty of this as they were in the actual prohibited place. The divisional court found the defendants guilty as it would be absurd if they were causing an obstruction not outside but in the prohibited place. The words should be read as ‘in or on the vicinity of’ the prohibited place.
Re Sigsworth (1935)
A son had murdered his mother as she did not make a will so this would mean him as the next of kin would inherit this money according to the Administration of Justice Act 1925. There was no ambiguity in the words of the Act but the court was not prepared to let a murderer benefit from his crime, so it was held the literal rule should not apply. The golden rule prevented the son inheriting any money whatsoever as it would have been absurd.
