Golden Rule

Question 1

What is the golden rule?

Answer 1

a modification of the literal rule

Question 2

What does the golden rule do and how can it avoid the literal rule?

Answer 2

it starts by looking at the literal meaning but the court is then allowed to avoid an interpretation which would lead to an absurd result

Question 3

What are the two types of the golden rule?

Answer 3

• narrow application

- wide application

Question 4

What did Lord Reid say in Jones v DPP 1972 regarding the narrow application of the golden rule?

Answer 4

that “if they are capable of more than one meaning then you can choose between those meanings”

Question 5

In what case did Lord Reid say, regarding the narrow application of the golden rule, that “if they are capable of more than one meaning then you can choose between those meanings”

Answer 5

Jones v DPP 1972

Question 6

Under the narrow application of the golden rule what can the court only choose between?

Answer 6

-possible meanings of a word or phrase

Question 7

What is the wide application of the golden rule?

Answer 7

this is where the words have only one clear meaning but that meaning would lead to a repugnant situation which the courts would feel should not be allowed

Question 8

Under the wide application where the clear meaning of a word would lead to a repugnant situation what would the courts do?

Answer 8

invoke the golden rule to modify the words of the statute in order to avoid this problem

Question 9

What are 3 example cases involving the golden rule?

Answer 9

Alder v George 1964
Re Sigsworth 1935
R v Allen 1872

Question 10

What case illustrates the narrow application of the golden view?

Answer 10

Alder v George 1964

Question 11

What was the Act and the words in dispute in Alder v George 1964?

Answer 11

the Official Secrets Act 1920 which made it an offence to obstruct Her Majesty’s Forces “in the vicinity” of a prohibited place

Question 12

What had the defendants done in Alder v George 1964 (narrow application)?

Answer 12

The defendants had obstructed HM forces actually in the prohibited place, not “in the vicinity”

Question 13

What did the defendants argue in defence in Alder v George 1964?

Answer 13

That they were not guilty as the literal wording of the Act did not apply to anyone in the prohibited place it only applied to those “in the vicinity”

Question 14

What was the outcome of the Divisional Court in Alder v George 1964 and why?

Answer 14

They found the defendants guilty as it would be absurd if those causing an obstruction outside the prohibited place were guilty but anyone inside was not

Question 15

What case illustrates the use of the wider application of the golden rule?

Answer 15

Re Sigsworth 1935

Question 16

What are the facts of Re Sigsworth 1935?

Answer 16

The son had murdered his mother who had not made a will and so normally her state would have been inherited by her next of kin

Question 17

What was the Act and words in dispute in Re Sigsworth 1935?

Answer 17

the Administration of Justice Act 1925 which meant that the murdered sun would have inherited as her ‘issue’

Question 18

How does Re Sigsworth have to employ the wider application of the Golden rule?

Answer 18

as there was no ambiguity in the words of the Administration of Justice Act 1925 but the court was not prepared to let a murderer benefit from his crime

Question 19

What was the outcome of Re Sigsworth under the use of the wider application of the golden rule?

Answer 19

it was held that the literal rule should not apply and the golden rule would be used to prevent the repugnant situation of the son inheriting

Question 20

What does the golden rule provide when there is a problem with using the literal rule?

Answer 20

provides an ‘escape route’

Question 21

Why is the golden rule an advantage for judges?

Answer 21

it allows judges to choose the most sensible meaning when there is more than one meaning in the words of an Act and to sensible decision in cases where the literal rule would lead to a repugnant situation

Question 22

What case shows how the golden rule can be used to avoid the worst problems of the literal rule?

Answer 22

Re Sigsworth 1935

Question 23

What is disadvantage of the golden rule in terms of its use?

Answer 23

it is very limited in its use so it is only used on rare occasions

Question 24

Why is it a problem that it is hard to predict when court will use the golden rule?

Answer 24

as lawyers cannot advise their clients adequately

Question 25

What had Michael Zander described the golden rule as?

Answer 25

a ‘feeble parachute’

Question 26

What did Michael Zander mean when he described the golden rule as a ‘feeble parachute’?

Answer 26

that it is an escape route but it cannot do very much

Question 27

What was the Act of Parliament and particular words in dispute in R v Allen 1872?

Answer 27

s57 of the Offences against the Person Act 1861 which made it an offence to “marry” whilst ones original spouse was still alive. However the word “marry” had meant to legally marry to the other person

Question 28

Under the literal rule why would the case of R v Allen 1872 have led to an absurd/repugnant outcome?

Answer 28

As Allen would have been found not guilty as a person who is still named to another person cannot legally marry anyone else , therefore bigamy would have been an impossible offence

Question 29

What type of golden rule did the court apply in R v Allen 1872?

Answer 29

narrow application of the Golden Rule

Question 30

How did the court apply the narrow application of the Golden Rule in R v Allen 1872?

Answer 30

it decided that in s57 of the Offences against the Person Act 1861 that the word “marry” had a dual meaning to go through a ceremony of marriage

Question 31

In Alder v George 1964 how should ‘in the vicinity be read’ under the barrow application of the golden rule?

Answer 31

as ‘in or in the vicinity of’