Statutory Interpretation Flashcards
Statutory Interpretation
The role of judges when trying to apply an Act of Parliament to a case.
Literal Rule
Where the judge reads the statue and gives the words their plain , ordinary meaning.
Features of the Literal Rules
Makes use of a dictionary
Lord Esher 1982 - “ if the words of an Act are clear, you must follow them even if they lead to manifest absurdity.”
Most Common rule of Interpretation and is the least controversial.
Literal Rules Cases
Whitley V Chapel
A statue made it illegal to impersonate any person entitled to vote. The defendant used an identity of a dead person. The defendant is not guilty as dead people can’t vote,
Cheeseman V DPP
Defendant caught masturbating in a public toilet and was caught by two police officers. Under the Town Police Clauses Act 1847 it is an offence to willingly expose his person in the street to the annoyance of passengers. Oxford English Dictionary a street was defined as a public place however the officers were not passers but were stationed there so Cheeseman was not arrested.
Golden Rule
Modification of the literal rule where the judge will start giving the words their normal meaning unless it would lead to an absurd or unjust outcome.
Narrow Application
Where the words are ambiguous and are capable of having more than one meaning. The court may choose and apply a meaning.
R V Allen
It is an offence to commit Bigamy under the s.57 Offence Against the Person Act 1861 : whosoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence. The court held the word marry is to go through a marriage ceremony. Defendant’s conviction was upheld.
Wide Application
Where the words are clear but will lead to injustice or absurdity.
Sigsworth
Son murdered his mother in order to inherit her estate. The law state next of kin receives all assets. Judge use the wide application to avoid an unjust outcome as the court was not prepared to let a murder gain benefit for his crimes.
Mischief Rule
Applies where the Act before the court reformed a previous piece of law from the common law or an earlier statute.
Heydon’s Case 1584
- What was the common law before making the Act?
- What was the mischief for which the common law did not provide?
- Identify the remedy Parliament tried to provide.
- The court should then interpret the Act in a way where the mischief is covered and a remedy is provided.
Feature of Mischief Rule
Law Commission described it as “A rather more satisfactory approach”
Gives judges more flexibility to decide how to resolve the mischief rather than just considering the wording.
Give effect to the intention of Parliament
Smith V Hughes
Street Offence Act 1959 made it illegal to solicit. A prostitute was soliciting passers by from a window. She was guilty of an offence as she was causing mischief to the members of the public.
