Statutory Interpretation

Question 1

The dangerous dogs act 1991

Answer 1

“Any dog of the type known as the pit bull terrier”
What meant by type?
Brock v DPP - type had wider meaning than breed

Question 2

Brock v DPP

Answer 2

Type had greater meaning than breed

Question 3

Literal rule

Answer 3

Words have plain, ordinary meaning even if outcome absurd

Question 4

R v judge of the city of London court

Answer 4

‘If words of the act are clear then you must follow them even though they lead to manifest absurdity’
Whitley v Chappell

Question 5

Whiteley v Chappell

Answer 5

Charged with impersonating someone to vote
Not guilty - wording ‘any person entitled to vote’ - dead person

Question 6

Fisher v bell

Answer 6

Flick knife, shop window
S.1(1) restriction of offensive weapons act 1959
Decide if “offered knife for sale” - ITT no offence

Question 7

Fisher v bell

Answer 7

Flick knife, shop window
S.1(1) restriction of offensive weapons act 1959
Decide if “offered knife for sale” - ITT no offence

Question 8

Pros of literal rule

Answer 8

• 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

Question 9

Cons of literal rule

Answer 9

• 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

Question 10

Golden rule

Answer 10

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)

Question 11

Jones v dpp

Answer 11

Can choose between two meanings if arises (narrow approach)

Question 12

R v Allen

Answer 12

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

Question 13

Alder v George

Answer 13

D charged obstructing member of armed forces “in vicinity of prohibited place”
Argued in place not vicinity - interpreted to include in
Broad approach

Question 14

Narrow approach

Answer 14

Choose between two possible meanings of word

Question 15

Narrow approach

Answer 15

Choose between two possible meanings of word

Question 16

Broad approach

Answer 16

Modify words of statute if have absurd outcome

Question 17

Re:sigsworth

Answer 17

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

Question 18

Mischief rule

Answer 18

Court can see what law passed before act - discover what gap to cover - interpret act in that way

Question 19

Heydon’s case 1584

Answer 19

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

Question 20

Smith v Hughes

Answer 20

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

Question 21

Royal college of nursing v DHSS

Answer 21

Abortion Act 1967 ‘terminated by registered medical practitioner’
AIM to avoid illegal ones - meant to cover doctors and nurses -

Question 22

Purposive approach

Answer 22

Judges deciding what they believe parliament meant to achieve

Question 23

R v registrar-general ex parte smith

Answer 23

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

Question 24

Jones v tower boot co.

Answer 24

ÇA took meaning of race relations act to Aim to get rid of discrimination in work place - employers held liable - persuasive approach

Question 25

Internal aids

Answer 25

Long/short act title
Preamble/objectives/purposes section - e.g theft act 1968 states act to modernise law of theft
Schedules
Definition section
Punctuation
Marginal notes explaining sections (not normally intentions of parliament

Question 26

External aids

Answer 26

Dictionaries published at time of the act
Previous acts eg interpretation act 1978
Reports of law reform bodies
Hansard - official report of what said in parliament - pepper v hart - could be used by judges in limited way e.g when words ambiguous, obscure or lead to absurdity
International treaties
Textbooks