Statutory Interpretation*

Question 1

What is the literal rule?

Answer 1

The literal rule is when the judge will take the idctionary definition of the word and apply it to the case.

Question 2

What is the narrow golden rule?

Answer 2

The judge will chose between 2 definitions of the same word and choose the most appropriate one when applying it the that case.

Question 3

What is the wide golden rule?

Answer 3

When the judge understands the meaning of the word but chooses not to apply it as it would be undesirable or repugnant.

Question 4

What is the mischief rule?

Answer 4

It looks at what Parliament intended to prevent.

Question 5

Which case established the four questions for the mischief rule?

Answer 5

Haydon’s Case (1584) established the questions to follow in the mischief rule.

Question 6

List the four questions that the judge should consider when following the mischief rule.

Answer 6

1) What was the common law before the act was passed?
2) What is the mischief that common law failed to rectify?
3) What remedy does the Act provide in order to remove the mischief?
4) What is the true reason for the remedy?

Question 7

What is the purposive approach?

Answer 7

Looks at the purpose of the act and Parliament’s aims or intentions.

Question 8

Which rule did Fisher v. Bell apply to? And what was the phrase that caused contest?

Answer 8

Literal rule. ‘Offering to sell’.

Question 9

What was the statute in Fisher v. Bell?

Answer 9

Restriction of Offensive Weapons Act 1959

Question 10

What rule does Re. Sigsworth apply to and what was the statute that was interpreted?

Answer 10

Wide golden rule. The next of kin had killed his mother. Administration of Estates Act 1925.

Question 11

What rule does Adler v. George apply to and what was the statute interpreted?

Answer 11

Wide golden rule. ‘Vicinity’, was interpreted to mean inside the army base, not just the area around. Official Secrets Act 1920.

Question 12

What rule was does Cheeseman v. DPP (Director of Public Prosecutions) apply to? What was the phrase that had to be interpreted?

Answer 12

Literal rule. Police were not passengers, thus no offence was committed. Town and Country planning Act 1847.

Question 13

R v. Bentham was the narrow golden rule, true or false?

Answer 13

False, R v. Bentham is the literal rule.

Question 14

What statute and what word had to be interpreted in R v. Bentham?

Answer 14

Possession, not in ‘possession’ of body parts. Firearms Act 1968.

Question 15

What rule was Whitely v. Chappell subject to and what was the word that had to be interpreted? Include the statute.

Answer 15

Literal rule. Dead people are ‘not entitled to vote’, Representation of the People Act 1867.

Question 16

R v. Allen is part of the wide golden rule and the word that was interpreted was ‘supply’, true or false?

Answer 16

False. R v. Allen was the narrow golden rule and the word that was interpreted was ‘Marry’. Marry was taken to mean signing a marriage contract.

Question 17

What rule does R v. Maginnis apply to and what was the statute that had to be interpreted?

Answer 17

Narrow Golden Rule. ‘Supply’, giving drugs back to his friend. Misuse of Drugs Act 1971.

Question 18

Which rule does Re. Sigsworth apply to and what was the statute that had to be interpreted?

Answer 18

Wide Golden rule. Administration of Estates Act 1925. Next of kind had killed their mother, it would be an undesirable result for this person to inherit the property.

Question 19

Which rule does Adler v. George apply to and what was the statute that had to be interpreted?

Answer 19

Wide golden rule. Official Secrets Act 1920. ‘Vicinity’, was taken to be the area around the military base.

Question 20

In Jones v. Tower Boot Co, what was the statute that had to be interpreted and which rule does this case apply to?

Answer 20

Race Relations Act 1976, employers were vicariously liable for the actions of their employees. Purposive Rule.

Question 21

What was the verdict in Royal College of Nursing v. DHSS?

Answer 21

Midwives and Nurses were classed as ‘registered medical practitioners’. Thus, they were permitted to administer abortions - in accordance with the Abortion Act 1967.

Question 22

In DPP v. Bull, what was the statute that had to be interpreted and which rule does it apply to?

Answer 22

Street Offences Act 1959 the male prostitute was not guilty as the law had been written to only include female prostitutes. - Following the Wolfenden Report 1957.

Question 23

In Smith v. Hughes what was the verdict and which rule does this case apply to?

Answer 23

Mischief rule.

Prostitutes bothering passers by from a window. Technically, according to the Street Offences Act 1959, they weren’t breaking the law. But it was ruled they were guilty as Parliament wished to prevent soliciting.

Question 24

What rule does Fitzpatrick v. Stirling Housing Association apply to and what was the verdict?

Answer 24

Purposive Rule. A Homosexual relationship is classed as a family for legal purposes under the Rent Act 1977.

Question 25

Which rule does Pepper v. Hart apply to and what was the statute that had to be interpreted?

Answer 25

Purposive rule. Hansard was used to determine the exact circumstance when tax would not be payable on perks through work. Parliament did not intend a teacher to pay tax in this scenario. (Finance Act 1976).

Question 26

Give examples of some Intrinsic Aids:

Answer 26

• Long title - sets out the purpose of the act - used in RCN v. DHSS
• Preamble - What is covered in the act and its purpose.
• Punctuation - effects the meaning of a word - used in Hanlon v. The Law Society
• Marginal notes - added by draftsman - (not the intentions of Parliament).
• Schedules - detailed explanations at the end of an act - e.g. S.2(1) of the Hunting Act 2004 states, “Hunting is exempt if it within a class specified in Schedule 1.”
• Interpretation/definition sections - Glossary e.g. s735-744 of the Companies Act 1985 defines, account, director etc.
• Other sections of the act- Guidance from other sections.

Question 27

Give examples of extrinsic aids:

Answer 27

• Hansard - everything that is said during debates in Parliament - used in Pepper v. Hart regarding the Finance Act 1976
• Explanatory notes - Notes written by the government that give details about the law.
• International Conventions - In Laroche v. Spirit of Adventure - Consolidated the Warsaw convention to determine if a hot air balloon is an ‘aircraft’.
• Dictionaries - help in defining the word - used in R v. Maginnis (Supply).
• Official reports - Some acts are based upon reports written by judicial inquiries e.g. DPP v. Bull referred to the Wolfenden report regarding the Street Offences Act 1959.
• Previous Law.