Statutory Interpretation Flashcards
The dangerous dogs act 1991
“Any dog of the type known as the pit bull terrier”
What meant by type?
Brock v DPP - type had wider meaning than breed
Brock v DPP
Type had greater meaning than breed
Literal rule
Words have plain, ordinary meaning even if outcome absurd
R v judge of the city of London court
‘If words of the act are clear then you must follow them even though they lead to manifest absurdity’
Whitley v Chappell
Whiteley v Chappell
Charged with impersonating someone to vote
Not guilty - wording ‘any person entitled to vote’ - dead person
Fisher v bell
Flick knife, shop window
S.1(1) restriction of offensive weapons act 1959
Decide if “offered knife for sale” - ITT no offence
Fisher v bell
Flick knife, shop window
S.1(1) restriction of offensive weapons act 1959
Decide if “offered knife for sale” - ITT no offence
Pros of literal rule
- respect parliamentary sovereignty
- extrinsic aids to help (dictionary) clarify meaning, help implement
- avoids judges going beyond role, democratic process
- certainty in the law - prepare for cases properly, follow what is said
Cons of literal rule
- absurd result - fisher v bell, whiteley v Chappell
- golden rule more appropriate
- assumes craftsmen perfect, dangerous dogs cause confusion
- can be more than one dictionary definition
- statutes cannot cover every situation
Golden rule
Starts with literal rule, allowed to avoid interpretation that would lead to absurd result
Can choose between two possible meanings (narrow approach)
Or if result absurd - modify words of statute (broad approach)
Jones v dpp
Can choose between two meanings if arises (narrow approach)
R v Allen
S. 57 offences against the person act 1861 - offence to marry whilst original spouse still alive
“Marry” can also mean go through a ceremony of marriage
Narrow approach
Alder v George
D charged obstructing member of armed forces “in vicinity of prohibited place”
Argued in place not vicinity - interpreted to include in
Broad approach
Narrow approach
Choose between two possible meanings of word
Narrow approach
Choose between two possible meanings of word
Broad approach
Modify words of statute if have absurd outcome
Re:sigsworth
Wide approach
Allow defendant to inherit mother’s estate (had murdered mother)
Interpret act to say if next of kin caused death couldn’t inherit
Mischief rule
Court can see what law passed before act - discover what gap to cover - interpret act in that way
Heydon’s case 1584
Consider:
- common law before act
- defect or mischief remedy not provided for
- what remedy does act attempt to provide so as to cure defect
- true reason for remedy
Smith v Hughes
S.1 (1) street offences act 1959 “shall be offence for common podtitute to loiter or solicit in street or public place for pourpose of prostitution”
Balcony + windows - attracting attention - aim to keep streets ‘clean’
Appeal rejected
Royal college of nursing v DHSS
Abortion Act 1967 ‘terminated by registered medical practitioner’
AIM to avoid illegal ones - meant to cover doctors and nurses -
Purposive approach
Judges deciding what they believe parliament meant to achieve
R v registrar-general ex parte smith
s.51 Adoption act 1976 states Registrar-general supply on application by adopted person give information that enables that person to obtain copy of birth certificate
Smith applied - convicted murderer, wanted to murder birth mother
R-g did not have to supply information - parliament would not have intended to promote serious harm
Jones v tower boot co.
ÇA took meaning of race relations act to Aim to get rid of discrimination in work place - employers held liable - persuasive approach
