Statutory Interpretation

Question 1

What might make statute unclear

Answer 1

Broad term, ambiguity, drafting errors, inventions/technology, changes in use of language

Question 2

Four rules of interpretation

Answer 2

Literal rule
Golden rule
Mischief rule
Purposive approach

Question 3

The literal rule

Answer 3

The literal rule requires judges to apply the literal, ordinary, dictionary meanings of words even if they lead to ‘manifest absurdity’
Lord Esher: “if the words of an Act are clear, you must follow them even if they lead to manifest absurdity”

Question 4

LNER v Berriman

Answer 4

Berriman looking points on the train line when he was hit and killed as no lookout had been provided. Fatal Accidents Act 1846 says a lookout must be provided whenever a railway worker is ‘repairing or relaying’ a track. Court said piling was maintenance and not repairing or relaying. Therefore LNER did not have to provide a lookout and were not liable.

Question 5

DDP v Cheeseman

Answer 5

D was said to be masturbating in a public toilet. He was charged with exposing himself to passengers in a street, contrary to the Town Police Clauses Act 1847.
Toilet was said to be a street, but ‘passengers’ was defined in the 1847 dictionary as anyone passing by through for its ordinary purpose. As the police were there for a specific reason other than toilets ordinary use, they were not technically passengers and so D was found not guilty

Question 6

Advantage of literal rule- provides certainty within the law

Answer 6

Literal rule creates certainty because it follows the Act strictly word for word so the Act will always have the same meaning.
Cheeseman, word passenger was taken from the dictionary and so everyone will be viewed under the same sedition of ‘passenger’
Good because it keeps the law fair and consistent and allows lawyers and defendants to know the law and properly prepare for trials

Question 7

Advantage of literal rule- saves Judge’s time

Answer 7

This is because judges do not need to think about the meaning of words, just apply them as they are
Cheeseman, the judge simply had to find the definition of passenger in the dictionary and then decide if the police fit the description
Good because it means ‘swift justice’ and more cases can be dealt with in less time

Question 8

Advantage of literal rule- respects parliamentary supremacy

Answer 8

The literal rule ensures parliamentary supremacy because it follows the exact wording parliament used and the literal meaning of those words
LNER v Berriman, judges stuck to the strict meaning of relaying and repairing and refused to include maintaining because it had not been specific in Parliament
Parliamentary supremacy is good because it is parliaments job, not a judge’s to make the law due to them being elected and representing society

Question 9

Advantage of the literal rule- respects separation of powers

Answer 9

This is because judges are merely interpreting the law rather than making it changing it
Cheeseman judges merely took the dictionary meaning of the words rather than changing the meaning or wording
Because it means judges are doing their constitutional role and not exceeding their powers

Question 10

Disadvantage of literal rule- leads to absurdity

Answer 10

Follows words straight from the Act strictly and may end up being restrictive.
LNER v Berriman
It was absurd that the victim was not entitled to a lookout just because he was maintaining rather than repairing, as the danger was the same either way.
Because it means bad decisions will be made due to technicalities and may prevent justice

Question 11

Disadvantages of literal rule- doesn’t apply to words with multiple meanings

Answer 11

Because some words have more than one meaning.
R V Allen
Marriage had two meanings, at the time, which could be taken.
Because it could make it difficult to actually apply the literal rule and therefore is not really quick or easy to use.

Question 12

Disadvantage of the literal rule- assumes perfection in drafting

Answer 12

Because judges take the wording exactly out the Act, even when parliament have made a mistake.
LNER V Berriman
Only ‘repairing and relaying’ entitles employees to lookout. Missed out maintaining that had the same risk. Clearly not what parliament wanted.
Because it means Parliament’s intention isn’t actually fulfilled and it leads to absurd decisions which parliament didn’t intend

Question 13

Disadvantage of literal rule- does not allow for judicial creativity

Answer 13

Because judges will have to use the exact same definition from the time even if it’s outdated.
LNER V Berriman
Fatal accidents act was 100 years old by the time of the case. Judges had to apply old wording on a modern case.
Because the law may not be updated and will require parliament to spend time tweaking increasing numbers of old Acts rather than bigger problems.

Question 14

Briefly explain how golden rule works

Answer 14

Start by using literal rule and finding out literal meanings of words in statute. If using them will produce an absurd or unjust result, they have two options. Narrow or broad approach

Question 15

Golden rule- narrow approach

Answer 15

If a word or phrase has two or more possible meanings, judge may choose meaning most appropriate to fit the case. (Can not invent new meanings)

Question 16

Golden rule- broad approach

Answer 16

When words have 1 meaning which will lead to absurdity, the court can modify words of statute

Question 17

Case showing narrow approach

Answer 17

R v Allen
D charged with bigamy for trying to marry a second woman. Offences Against the Person Act 1861 means he can’t be married to another woman whilst being married to another. “Married” can mean to be legally married or to have had a wedding ceremony. Court chose to use the meaning of having a ceremony as he couldn’t have technically been ‘legally’ married again. Therefore D was found guilty

Question 18

Case showing broad approach

Answer 18

Re Sigsworth
Sigsworth killed his mother who didn’t leave a will and tried to claim inheritance through Administration of Estates Act 1925, which states the ‘issue’/next of kin would inherit. The court didn’t want him to benefit from his crime so they assumed the act meant it goes to the next of kin unless they killed the deceased. Denied the inheritance

Question 19

Explain how mischief rule works

Answer 19

Identify the mischief/problem they want to solve and what parliament wanted to stop. Interpret the statute to stop the mischief

Question 20

Mischief rule, Heydon’s case to show guidelines

Answer 20

What was common law before act was made?
What was the mischief and defect for which the common law did not provide?
What was the remedy parliament created to cure the mischief?
What was the reason behind the remedy?
Judges should make such construction as shall surprise the mischief and advance remedy

Question 21

Case for mischief rule

Answer 21

Smith V Hughes
D were prostitutes behind a window and on a balcony of private residence trying to entice people on the street. Street Offences Act 1959 made it a crime to be on streets or public place for the purposes of prostitution. As they were on private property, not a street or public place. Stop the mischief of members of public being harassed by prostitutes on streets. Court said guilty- didn’t matter where the prostitutes literally were, matters is causing illegal consequence on the street

Question 22

Advantage of golden rule- avoids absurdity

Answer 22

Because judges can change the meaning of words in an Act so it makes sense in the circumstances.
R v Allen
It would be absurd to define marry as ‘legally marry’ as it would be impossible to ever commit bigamy.
Good because justice is still being served in cases where if the literal rule was applied it would have led to an absurd decision

Question 23

Advantage of golden rule- puts Parliament’s intention into practice

Answer 23

Judges can change meaning of words in an Act to carry out what Parliament intended.
Re Sigsworth
Unlikely parliament would want D to benefit from killing his mother, so the courts were able to prevent this from happening despite the wording.
This is good because judges can enforce the law to give effect to what parliament wanted

Question 24

Advantage of the golden rule- applies to words with multiple meanings

Answer 24

Judges can choose between different meanings when using narrow approach
R v Allen
Marriage could mean ‘legally married’ or to ‘go through a ceremony’ the court were able to choose the second meaning to avoid an absurd result.
Good because it fixes the problem with the literal rule in these situations and so makes the law quick and easy to interpret

Question 25

Advantage of golden rule- allows judicial creativity

Answer 25

If words of an Act will not achieve justice, judges can change the meaning of the words. Re Sigsworth Court able to prevent someone benefitting from a murder by changing the meaning of the literal words in the Act, rather than always allowing inheritance to go to the next of kin. Good because it saved Parliament from spending lots of time updating old laws because judges can work around any problems in wording

Question 26

Disadvantage of golden rule- creates uncertainty

Answer 26

Because all judges will differ in their opinions of what is absurd and so may disagree on when or how to change the words in the Act. Re Sigsworth Some judges may not have thought that D getting his inheritance was an absurd decision and so may have stuck with the literal rule Because it leads to inconsistent decisions and lawyers and defendants will be unable to prepare properly for their cases

Question 27

Disadvantage of golden rule- goes against parliamentary supremacy

Answer 27

Because all judges are allowed to change the wording of an Act and so are clearly changing the law from how Parliament wrote it Re Sigsworth Court assumed Parliament meant only if D did not kill his mother, even though that was not written in the act Because it is Parliament’s job, not judges’ to make the law due to them being elected and representing society. Therefore, the golden rule gives a lot of undemocratic power to judges

Question 28

Disadvantage of the golden rule- narrow approach is inflexible

Answer 28

Because judges still have to choose between two set meanings of a word Re Sigsworth No meaning of words could have resolved the problem of D getting inheritance, only changing/inventing new meaning would work Because judges are still restricted when using narrow approach and still may not be able to avoid absurdity

Question 29

Disadvantage of golden rule- separation of powers

Answer 29

Allows judges to alter the law/wording in the act Re Sigsworth Judges chose to invent new meaning for when someone should get their inheritance, rather than taking the law how it was literally wrote Because it is not meant to be judge’s role to make law and is therefore unconstitutional

Question 30

Case for mischief

Answer 30

RCN v DHSS Nurses were helping perform abortions. Abortion Act 1967 states only a ‘registered medical practitioner’ can perform abortions, so nurses were technically not allowed. The judges decided the mischief the Act was in place to prevent was women getting unsafe abortions not in a hospital, so then saw it beneficial to allow nurses to help so more safe ones can take place. 2 judges disagreed and wanted literal rule

Question 31

Purposive approach

Answer 31

Making a decision based on the purpose of Parliament’s Act, not the wording

Question 32

Case for purposive approach

Answer 32

Jones v Tower Boot Co D’s employees were shouting abuse and physically abusing a coworker. C was suing his employer for racial abuse at work. Race Relations Act 1976 made employers liable for their employees acts when in course of employment. D claimed he wasn’t employing them for the purpose of being racially abusive so it wasn’t in the course of employment. Because Parliament’s intent would be to stop racial discrimination and to strengthen interracial relationships, they found D liable

Question 33

Case for purposive approach

Answer 33

R v RG ex parte Smith D was applying for his birth certificate. Adoption Act 1976 said the registrar general ‘shall’ supply this. Shall means they must do it, however D was in jail for attempting to kill someone he thought was his mother. In order to not encourage him to commit crime(which they think Parliament would intend), they denied him access to his birth certificate.

Question 34

Intrinsic aids

Answer 34

Definition section Short title Marginal notes

Question 35

Extrinsic aids

Answer 35

Dictionary Interpretation Act Law reforms reports Hansard

Question 36

Short title

Answer 36

Title eg ‘Fatal Accidents Act 1846’ date useful to tell is which dictionary to use for the words and to determine from similar Acts

Question 37

Definition sections

Answer 37

Sections in an Act that define key words Allow Parliament to show what they man if it’s a different definition than the dictionary would give. Case example Oxford v Moss

Question 38

Marginal notes

Answer 38

Guidance and a provided section by section summary Added by PCO (parliamentary counsel office) R v Montila and others

Question 39

Dictionary

Answer 39

Interpret key words that haven’t got a definition provided by parliament. Oxford English Dictionary. They will use the edition from the year of the Act. Eg. DPP v Cheeseman used dictionary for ‘street’ and ‘passenger’ from Town Police Clauses Act 1847 ‘passenger’ passerby or though a place for its ordinary purpose

Question 40

Hansard

Answer 40

Record of everything said in Parliament. Useful to find out what they were talking about when making Acts (purposive and mischief) Pepper v Hart says allowed to use of Hansard when words of an Act are unclear, something in Hansard about those words and using Hansard will fix your problem

Question 41

Law reform reports

Answer 41

Legislation is often preceded by a report by the Law Commission(group of legal experts who review the law and suggest changes to Parliament). DPP v Bull Law Commission’s report made it apparent it only applied to female prostitutes

Question 42

Interpretation Act 1978

Answer 42

Act contains the meaning of words which will be used in many statutes. Words in singular form will also include plural and use of ‘he’ also includes ‘she’ unless otherwise informed.

Question 43

Rules of language: ejusdem generis

Answer 43

Translation: things of the same kind Given specific examples you’ll be able to figure out the broader term it comes under and what applies to it. Powell v KPR Betting Act 1853 ‘house, office, room or other place’ for betting was illegal. Taking bets at a racecourse was not illegal as it wasn’t the same type of thing as what was listed

Question 44

Rules of language: expressio unius est exclusio alterius

Answer 44

Translation: expressing of one thing excludes others If you specially you want one thing, it means you don’t want other things Inhabitants of Sedgley 1837 Raised the amount of tax if you owned a house, land or coal mines. Inhabitants owned a limestone mine so didn’t need to pay tax as it wasn’t one of the specified things

Question 45

Rules of language: Noscitur a sociis

Answer 45

Translation: known by its associates Interpret words based on the context of the Act IRC v Frere Act was on annual interest so when ‘interest’ was mentioned alone they assumed they were referring to ‘annual interest’

Question 46

8 marker on rules of interpretation

Answer 46

``` Describe the rule - what are the judges looking at - how strictly do they follow the wording - are there any guidelines/limits 2 case examples - what was D or V doing - what was the statute and wording interpreted - literal meanings - interpretation the court took and why - decision and outcome ```

Question 47

12 marker structure

Answer 47

Advantages and disadvantages: 4 developed points. 2 positives, 2 negatives. Just advantages or disadvantages: 4 developed points (brief counter arguments at the end of each one)

Question 48

8 marker on aids to interpretation

Answer 48

``` Difference between internal and external. 2 examples from each side of 4 of 1 side. Explain 2 saids from each: 4 in total - what aid is - what useful for - how aid used in each case example ```

Question 49

8 marker rules of language

Answer 49

- Latin + what it means - what it does/how to use it - general example - case example - repeat for each of rules

Question 50

Advantage of the mischief rule- avoids absurdity

Answer 50

Judges can ignore strict words in an act and prevent the problem parliament wanted to stop Smith V Hughes Would have been absurd to find D not guilty just because they were on a balcony when they were still doing the thing parliament wanted to stop. By ignoring the word ‘street or public place’ the court were able to stop the mischief Good because it means justice will be served in cases where had the literal rule been used there would have been an absurd result

Question 51

Advantage of mischief rule- puts Parliament’s intentions into practice

Answer 51

Because judges are fixing the problems for parliament rather than sticking to the wording strictly. Smith V Hughes Court could identify the problem of people being harassed and come to the decision Parliament would have wanted rather than being forced into making on against their wishes due to the word street Because it ensures the law world’s as intended

Question 52

Advantage of mischief rule- creates flexibility in the law

Answer 52

Because judges can ignore the strict words in an Act and use their own legal knowledge and intuition to come to a sensible and just decision RCN v DHSS Judges could consider medical advances since the abortions, despite them not technically being ‘medically registered practitioners’ Because it means judges are not forced to make unjust decisions and can consider the circumstances and changes in a society when deciding a law

Question 53

Advantage of mischief rule- allows for judicial creativity

Answer 53

Because judges can alter the law if a problem is still being caused despite the wording of the Act Smith V Hughes Parliament’s wording of ‘street or public place’ did not fully solve the problem of prostitution, but judges were able to achieve this by focusing on the problem rather than the wording Means parliament do not have to labour over/constantly update the wording of their Acts because judges can solve any issues that arise

Question 54

Disadvantage of mischief rule- creates uncertainty

Answer 54

Because judges may disagree on what mischief Parliament wants to solve RCN v DHSS 2 judges felt literal rule should have been applied instead of the mischief rule, which shows a different set of judges may have come to a different decision Because it leads to inconsistent decisions so lawyers and defendants won’t be able to prepare properly for the cases

Question 55

Disadvantage of mischief rule- parliamentary supremacy

Answer 55

Because judges have to decide for themselves what the mischief is and may end up ignoring Parliaments word to do so RCN v DHSS 2 of the judges said that the other judges were taking over Parliament’s role as supreme law maker in redrafting legislation which they should just be interpreting law Because that’s Parliament’s job, not a judge’s to make the law due to them being elected democratically

Question 56

Disadvantage of the mischief rule- limited to fixing one problem at a time

Answer 56

Judges can only use it to fill in the gap in the old law rather than look at the purpose more relevant now R v RG ex Parte Smith Mischief rule would not be used as it was not created to fix the mischief of serial killers murdering their mothers, instead the purposive approach had to be used Because the rule is still limited in it’s use and does not go so far as to consider Parliament’s purpose

Question 57

Disadvantage of the mischief rule- does not respect separation of powers

Answer 57

Judges are changing the law rather than taking Parliament’s words exactly Smith V Hughes Judges made it illegal to solicit from a private place even though the Act clearly specified public places Going against their constitutional role of interpreting and applying it

Question 58

DPP v Cheeseman important info

Answer 58

Town Police Clauses Act 1847 ‘Street’ ‘passenger’ Police weren’t passengers Literal rule

Question 59

R v Allen

Answer 59

Offences Against the Person Act 1861 Marry Ceremony Golden rule-narrow approach

Question 60

Re Sigsworth

Answer 60

Administration of Estates Act 1925 ‘Issue’ / next of kin Unless they killed the deceased Golden rule- broad

Question 61

Smith v Hughes

Answer 61

Street Offences Act 1959 Street or public place Mischief was prostitutes harassing people, doesn’t matter if it’s in a public place Mischief rule

Question 62

LNER v Berriman

Answer 62

Fatal Accidents Act 1846 Relaying or repairing D was maintaining Literal rule

Question 63

Jones v TBC

Answer 63

Race Relations Act 1976 Course of employment Parliament’s purpose was to prevent discrimination Purposive approach

Question 64

RCN v DHSS

Answer 64

Abortion Act 1967 Registered medical practitioner Mischief was illegal dangerous abortions not in hospitals Mischief rule

Question 65

R v RG ex parte Smith

Answer 65

Adoption Act 1976 Shall supply Parliament’s purpose not to encourage murder Purposive approach

Question 66

Advantage of purposive approach- avoids absurdity

Answer 66

Because judges can ignore the strict words in an Act and choose sensible wording which puts Parliament’s true intention into effect Jones v TBC Would’ve been absurd to let D be racist in the workplace and not be found liable because he wasn’t technically in ‘course of employment’. By ignoring the wording the court prevented discrimination as Parliament would want Because it means justice will be served in situations where the wording would otherwise lead to a bad decision

Question 67

Advantage of the purposive approach- puts Parliament’s intention into practice

Answer 67

Because judges can ignore the strict words in an Act and put Parliament’s true intention into effect Jones V TBC Parliament didn’t have to make a new statute addressing racial harrassment, the court could recognise what Parliament would want and so put that intention into effect Because it means the law works as intended

Question 68

Advantage of purposive approach- promotes flexibility in the law

Answer 68

Because judges can arrive at the decision Parliament would make if it were considering the case in modern times, rather than strictly to old wording RCN v DHSS Medicine and society had changed since the Abortion Act and Parliament’s purpose of making abortions safer could be fulfilled by allowing nurses to help with the procedure Because it allows judges to make sensible decisions about the law and update it with the times

Question 69

Advance of the purposive approach- allows for judicial creativity

Answer 69

Because judges can change the law to conform with the purpose of the Act rather than taking the law exactly as written Jones v TBC Judges able to accomplish the purpose of the Act even though the wording of the Act could have led to racial discrimination being unpunished Parliament don’t have to spend lots of time constantly updating words of old Acts

Question 70

Disadvantage of purposive approach- creates uncertainty

Answer 70

Because judges may disagree on the purpose of the Act R v RG ex parte Smith Some judges may have felt Parliament’s wording was clear and meant D should get the certificate in all circumstances Because it leads to inconsistency. Problematic for D and lawyers preparing for cases

Question 71

Disadvantage of purposive approach- goes against Parliamentary supremacy

Answer 71

Because judges can make up what they think Parliament wanted and so ignore what the Act says R v RG ex parte Smith Judge didn’t give the certificate despite the instruction ‘shall supply’ being very clear D should have received it Because Parliament’s job, not a judge’s to make the law

Question 72

Disadvantage of purposive approach- makes judge’s too powerful

Answer 72

Because no guidelines on how/when to use it R v Clinton Judges ignored wording in an Act which says sexual infidelity cannot reduce a murder charge to man slaughter. They still chose to reduce. Judges call into question Parliament’s role as senior law maker. Creates risk of unelected judges deciding what’s in the best interest of UK public

Question 73

Disadvantage of purposive approach- does not respect separation of powers

Answer 73

Because judges are able to change laws instead of interpreting them Jones v TBC Not interpreting words ‘course of employment’. They instead were deciding if it was the right thing to apply to this situation. Because it’s not a judges constitutional role

Question 74

Explain effect EU law on SI

Answer 74

Judges must interpret law so respects EU law (Marleasing case) EU favour purposive approach, influencing UK Purposive approach requires looking at P’s intention Lord Denning says you can look beyond wording and read between the lines Judges have broad power and aren’t bound by wording (Example para purposive approach Jones v TBC/R v RG ex parte smith)

Question 75

Explain effect European law has on SI

Answer 75

Judges must interpret law so respects EU law European Court of Justice made this clear in Marleasing case EU favour purposive approach which influences Uk Uk have to abide by European convention of human rights (Human Rights Act 1998) S3 says UK judges have to interpret UK law so is compatible with ECHR Mendoza v Ghaiden- tenancies can go to unmarried if living as husband or wife Court decided it would breach human rights if I allowed for same sex couple If not possible to interpret Act so solves problem S4 says judges must make a ‘declaration of incompatibility’

Question 76

Explain intrinsic aids of SI

Answer 76

Found within act itself Short titles, definition sections and marginal notes Short title contains: name of act and date Idea of what act is about and help differentiate between different Acts Eg. 2 theft Acts Date helps to know which dictionaries to use Eg. Cheeseman 1747 Town Police Clauses Act Definition sec defines key words P can specific what they mean Eg. Definition of property in Oxford v Moss Marginal notes: summary of section and how act should be used Montilla- do not need to be used but written by Parliamentary Counsel Office

Question 77

Explain extrinsic aids SI

Answer 77

Help found outside of Act Hansard, dictionaries, law reform reports & interpretation Act Hansard is record of p’s debates Useful for mischief/purposive Pepper v Hart use Hansard under 3 conditions: words of Act ambiguous, minister in charge of Act made statement on those words and the statement clears up that ambiguity Dictionaries useful for literal Oxford English Dictionary from date of Act Eg. Cheeseman ‘passenger’ 1847 Law reform reports written by LC Judges use to figure out mischief DPP v Bill report before Act was made shows mischief was female prostitutes so male ones were not guilty Interpretation Act 1978 eg. Any mention of ‘he’ includes ‘she’