Statutory Interpretation Flashcards
Paper 2 Section A
What is the literal rule?
When judges apply the plain, ordinary and literal meaning of the words contained in a statute, often using a dictionary.
Who stated that the literal rule should be followed even if it leads to a manifest absurdity?
Lord Esher.
What does the literal rule respect?
Parliamentary supremacy by following Parliament’s wording exactly.
In which case was the literal rule applied regarding the Fatal Accidents Act 1846?
LNER v Berriman (1946).
What was the circumstance of the victim in LNER v Berriman?
The victim was oiling points on the train line when he was hit and killed.
What did the court determine about oiling in LNER v Berriman?
A lookout was not required for oiling, as it was just ‘routine maintenance’, unlike relaying or repairing.
What was the outcome for Mrs. Berriman in LNER v Berriman?
Mrs. Berriman received no compensation.
In which case was the literal rule applied regarding The Town Police Clauses Act 1847?
DDP v Cheeseman.
What did the TPC Act state in regards to DDP v Cheeseman?
“it is an offence to willfully and indecently expose one’s person in a street to the annoyance of passengers”
How was ‘passengers’ defined in the Oxford English Dictionary of 1847?
As a ‘passer-by’ or ‘traveller’.
Why were the police not considered ‘passengers’ in DDP v Cheeseman?
They were there for a specific purpose, waiting to arrest D, not using the toilet for normal purposes.
What was the verdict for D in DDP v Cheeseman?
D was found not guilty.
What is the golden rule in legal interpretation?
The golden rule allows judges to choose between possible meanings of words (narrow approach) or invent a new meaning to avoid absurdity (broad).
What should judges begin with when applying the golden rule?
Judges should begin by using the literal meaning (literal rule) of words in a statute.
What is a potential drawback of the golden rule?
The golden rule can alter the words of an Act, which may not always respect Parliamentary supremacy.
What case exemplifies the narrow approach of the golden rule?
The narrow approach was used in R v Allen, where the court had to determine the meaning of ‘marry’.
What + where were the two possible meanings of ‘marry’ in R v Allen?
Under the OAPA 1861, the two meanings were to legally marry and to go through a marriage ceremony.
What conclusion did the court reach in R v Allen?
The court chose the second meaning (ceremony) to avoid absurdity (would’ve been bigamy), leading to a guilty verdict.
What case exemplifies the broad approach of the golden rule?
The broad approach was used in Re Sigsworth, where the defendant killed his mother to gain inheritance.
What did the Administration of Estates Act 1925 state regarding inheritance?
It stated that where no will was left, the inheritance should go to the next of kin.
What was the court’s reasoning in Re Sigsworth regarding the defendant’s inheritance?
The court found it absurd for the defendant to benefit from killing, thus interpreting the Act to mean ‘unless D killed his mother’.
What does the mischief rule focus on?
The problem Parliament wanted to stop and interprets the Act to stop that problem
What case established the 4 questions to be asked when using the mischief rule?
Heydon’s Case
List the 2 most important questions to be asked when applying the mischief rule.
- What was the common law before the Act?
- What mischief was the law not addressing?
How does the mischief rule avoid absurd outcomes?
By interpreting the law in a way that addresses the mischief instead of adhering strictly to the literal words of the Act
True or False: The mischief rule respects Parliamentary Supremacy.
False
In which case were prostitutes charged under the Street Offences Act 1959?
Smith v Hughes
What was the main issue in Smith v Hughes?
Prostitutes soliciting in a doorway and on a balcony instead of “soliciting in a street or public place”
What was the outcome of the Smith v Hughes case?
The prostitutes were found guilty despite not being literally in the street
What problem was the Street Offences Act 1959 trying to solve?
Prostitutes harassing passers-by in the street
In RCN v DHSS, who was helping to help perform abortions?
Nurses
What was the legal requirement for performing abortions under the Abortion Act 1967?
Only ‘registered medical practitioners’ (RMPs) could legally assist - nurses technically were not
Why was the Abortion Act 1967 passed?
To stop back street abortions which were causing serious injury or death + free up Dr’s time
What was the impact of allowing nurses to assist with abortions in RCN v DHSS?
It facilitated safer abortions and reduced the need for back street abortions
What are intrinsic aids in legal interpretation?
Help found within the Act itself.
Name three examples of intrinsic aids.
- Short titles
- Definition sections
- Marginal notes
What information do short titles provide?
Name of the Act and the date they were passed.
How do short titles assist judges?
They provide an idea of what the Act is about and help differentiate between different Acts.
Why is the date in short titles important?
It helps judges know which dictionary to use when applying the literal rule.
In which case was a dictionary from 1847 used?
DPP v Cheeseman.
What do definition sections in an Act do?
They define key words specified by Parliament.
Why are definition sections useful?
Parliament can specify meanings that differ from dictionary definitions.
Which section of the Theft Act 1968 defines property?
Section 4.
What was concluded in Oxford v Moss regarding information?
Information was not able to be stolen.
What are marginal notes?
Notes written in the margin of Acts summarizing the section and its usage.
Do marginal notes have to be used according to the case of Montilla?
No, they do not need to be used.
Who writes the marginal notes?
The Parliamentary Counsel Office.
What is the reliability of marginal notes based on?
They are written by the Parliamentary Counsel Office, which is answerable to the cabinet.
What are extrinsic aids in statutory interpretation?
Help found outside of the statute itself
Examples include Hansard, Dictionaries, Law reform reports, and the Interpretation Act.
What is Hansard?
A record of Parliament’s debates
Useful for understanding Parliament’s intentions for the mischief rule/purposive approach.
What case allows the use of Hansard under specific conditions?
Pepper v Hart
Conditions include ambiguity in the Act, a minister’s statement on the words, and the statement clarifying the ambiguity.
When are dictionaries used in statutory interpretation?
When applying the literal rule
Judges use the Oxford English dictionary from the date of the Act for definitions not provided by Parliament.
What was the significance of the case DPP v Cheeseman?
A dictionary was used to interpret the word ‘passenger’
The interpretation led to the conclusion that D was not guilty as the police were stationed and not passing through.
What are law reform reports and who writes them?
Documents explaining problems with old law, usually written by the Law Commission
Judges can use these reports to understand the mischief Parliament aimed to solve.
What was the outcome of the case DPP v Bull?
Male prostitutes were not found guilty under the Street Offences Act
The law reform report indicated that the issue was only with female prostitutes.
What does the Interpretation Act 1978 provide guidance on?
How to interpret other statutes
It states that ‘he’ includes ‘she’ and singular words also include plurals.
What is the Purposive Approach in legal interpretation?
It requires judges to look at what Parliament intended when making an Act and to put that intention into effect.
Why has the Purposive Approach been used increasingly?
Due to the need to interpret European law.
What does the Purposive Approach avoid that the literal rule may produce?
Absurd outcomes.
How does the Purposive Approach affect Parliamentary Supremacy?
It does not respect Parliamentary Supremacy as judges may not follow the literal words of the Act.
What was the main issue in the case Jones v TBC?
Whether employers are liable for actions of employees done during the ‘course of employment’.
What was the court’s conclusion in Jones v TBC?
D was found liable to prevent discrimination and promote equality in the workplace.
In Jones v TBC, what would letting D off imply?
It would defeat the point of the Race Relations Act.
What was the legal issue in R v RG ex parte Smith?
D sought his birth certificate to find out who his birth mother was.
What does ‘shall supply’ mean in the context of the Adoption Act?
It means the RG must give the certificate to D.
Why did the court refuse to provide the birth certificate in R v RG ex parte Smith?
Due to concerns that D might try to kill his mother.
How did the court interpret the Adoption Act in R v RG ex parte Smith?
They interpreted it to align with Parliament’s intention of not promoting serious crime.
True or False: The Purposive Approach strictly follows the literal wording of the Act.
False.
Fill in the blank: The Purposive Approach focuses on the _______ of the Act.
[purpose]
