Statutory Interpretation

Question 1

What is statutory interpretation?

Answer 1

The role of judges when trying to apply an Act of Parliament to a case. this is important as sometimes, an Act of Parliament can be clear but problematic

Question 2

What are the rules of Statutory Interpretation?

Answer 2

The Literal Rule
The Golden Rule
The Mischief Rule
The Purposive Approach

Question 3

What is the literal rule?

Answer 3

The literal rule is the first rule that a judge has to consider when applying an act. If this rule is use, the judge will apply the literal, natural and ordinary meaning of a word.

Question 4

What are the main cases that used the literal rule?

Answer 4

Fisher v Bell
Whiteley v Chappell
Berriman v London & North Eastern Railway Co.
R v Bentham
Cheeseman v DPP

Question 5

Outline the case of Fisher v Bell

Answer 5

The Restriction of Offensive Weapons Act of 1959 made it an offence to “sell or offer for sale” flick knives. The defendant was found not guilty of such an offence as they were displaying flick knives in their shop window and contract law stated that such was in fact an “offer to treat”

Question 6

Outline the case of Whiteley v Chappell

Answer 6

An act was passed making it an offence to impersonate “ any person entitled to vote”. The defendant was found not guilty when impersonating a dead person as a dead person would not be considered as entitled to vote

Question 7

Outline the case of Berriman v London and North Eastern Railway Co.

Answer 7

Berriman was refused compensation for her husband’s death who died whilst maintaining the tracks as the act only related to people who died whilst “relaying or repairing” the tracks

Question 8

Outline the case of R v Bentham

Answer 8

The Firearms Act 1968 made it an offence to “possess a firearm or impersonation of a firearm”. The defendant was using their fingers to form a pretend gun. They were found not guilty of this offence as people do not possess their fingers.

Question 9

Outline the case of Cheeseman v DPP

Answer 9

The Town and Country Planning Act created an offence of “wilfully and indecently exposing his person in a street to the annoyance of passengers”. The defendant was caught by police officers that had been stationed as a public lavatory but could not be convicted as the police officers were not considered to be passengers

Question 10

What is the golden rule?

Answer 10

The golden rule is an extension to the literal rule. There are two types of this rule: the narrow golden rule and the wide golden rule. The narrow golden rule allows a judge to choose between definitions if there are more than one. The wide golden allows a judge to refuse to apply the meaning of a word if they see fit to do so. This rule originated in the case of Becke v Smith

Question 11

What are the main cases that used the golden rule?

Answer 11

The narrow golden rule:
        R v Allen
        R v Maginnis
The wide golden rule:
        Re Sigworth
        Adler v George

Question 12

Outline the case of R v Allen

Answer 12

The Offenses Against the Person Act 1867 defined the crime of bigamy on such a way that it could never be committed. The judge hearing this case found the defendant guilty as they took a narrow interpretation of “to marry”

Question 13

Outline the case of R v Maginnis

Answer 13

The defendant was charged with possession with intent to supply of drugs. The courts took a narrow interpretation of the word “supply” as the defendant said that they were returning the drugs to their friend who owned them. The defendant was guilty

Question 14

Outline the case of Re Sigworth

Answer 14

A son killed their mother who had no will. The Administration of Estates Act said that the next of kin would inherit the deceased’s estate if they had no will. The courts took a wide interpretation on “next of kin” and refused the son to inherit as they did not believe that it was right that they did.

Question 15

Outline the case of Adler v George

Answer 15

The Official Secrets Act made it an offence to obstruct a member of the armed forces within the vicinity of a prohibited place. The courts took a wide interpretation to find the defendant guilty of obstruction despite the fact that they were “inside” rather than in the “vicinity”

Question 16

What is the mischief rule?

Answer 16

This rule originated in Heydon’s case. When using this law, a judge should consider the common law before the act was passed, the problem with the common law and the remedy parliament were trying to provide

Question 17

What are the main cases that used the mischief rule?

Answer 17

Smith v Hughes
DPP v Bull
Royal College of Nursing v DHSS
Corkery v Carpenter

Question 18

Outline the case of Smith v Hughes

Answer 18

The Street Offences Act made it an offence for a prostitute to solicit in a public place. Despite soliciting from a balcony, the defendant in this case was found guilty as the courts felt that parliament passed the act to prevent people from being bothered by prostitutes

Question 19

Outline the case of DPP v Bull

Answer 19

The Street Offences Act made it an offence for a prostitute to solicit in a public place. The defendant was a male prostitute who was acquitted in this case as the courts felt that this act was only aimed at female prostitutes

Question 20

Outline the case of Royal College of Nursing v DHSS

Answer 20

The Abortions Act made it an offence for an abortion procedure to be carried out by a person that wasn’t a registered medical practitioner. The defendant in this case was a nurse who had carried out part of an abortion procedure. They were found not guilty as the courts felt that parliament passed the act to stop backstreet abortions.

Question 21

Outline the case of Corkery v Carpenter

Answer 21

The Licensing Act made it an offence for a person to be under control of a vehicle whilst drunk. The defendant was pushing a bicycle alongside a road whilst drunk, thus were found guilty of such a crime as the courts felt that parliament were trying to stop people from using any transport on the road whilst drunk

Question 22

What is the purposive approach?

Answer 22

This approach it more European and modern and so it preferred. It allows a judge to look for the purpose of an act. It is very similar to the mischief rule however it isn’t limited to just looking at the mischief that parliament were trying to resolve. A judge can in fact consider what parliament’s intentions were through the passing of an act

Question 23

What are the main cases that used the purposive approach?

Answer 23

R v Registrar General, ex parte Smith
Fitzpatrick v Stirling Housing Association Ltd
Jones v Tower Boot Co Ltd

Question 24

Outline the case of R v Registrar General, ex parte Smith

Answer 24

A man that was a convicted murderer with mental health issues found out they were adopted and so applied, the correct way, for a copy of his birth certificate. Under the literal rule, they would have been granted the birth certificate. However, the courts denied the birth certificate as it was felt that the man would track his mother down and kill her and parliament’s intentions were not to facilitate a possible crime.

Question 25

Outline the case of Fitzpatrick v Stirling Housing Association Ltd

Answer 25

Fitzpatrick had been in a longstanding homosexual relationship with their partner who had died. The Rent Act allowed for a spouse or family member living with a tenant to take over a tenancy if they die. The courts felt that a longstanding homosexual relationship was enough to be considered family thus allowing for the tenancy to be taken over by Fitzpatrick

Question 26

Outline the case of Jones v Tower Boot Co Ltd

Answer 26

Jones had been subjected to racial abuse, injuries and bullying for a month and so sued his boss, relying on the Race Relations Act. The courts agreed that his boss was vicariously liable for the actions of his employees as they felt that the legislation was passed to hold employers liable if they allow racial abuse to occur

Question 27

What are the two different types of Aids to Interpretation?

Answer 27

Intrinsic aids are sources found inside of an act that assist judges when they are interpreting acts. Extrinsic aids are sources outside of an act that assist judges when they are interpreting acts

Question 28

What are the intrinsic aids?

Answer 28

Long title - sets out the purpose of the act
Preamble - explains what is covered in the act and its purpose
Marginal notes - notes added by the draftsman to help judges. They do not have to be followed and are not legislation
Schedules - detailed explanations at the end of an act
Interpretation/definition sections - sections that define the key terms used throughout
Other sections of the act - although there might be a particular section that is being interpreted, a judge can look at other sections for guidance

Question 29

What are the extrinsic aids?

Answer 29

Hansard - written record of everything discussed in parliament
Explanatory notes - give details about an act
International conventions - International Laws that night concern an act in question
Dictionaries - very helpful when the literal and golden rule are being used. A dictionary published in the same year that an act was passed can help a judge understand the terminology being used
Official reports - reports made by the Law Commission or the Royal Commission can be helpful when interpreting an act
Previous law - cases and acts relating to similar areas of law
The Interpretation Act - an act specifically designed to aid judges when they interpret acts

Question 30

What impact has European Union law had?

Answer 30

European Union laws that have been passed have a different style to traditional English styles. However, the ELS has adopted a more European style, such that the purposive approach exits. Even if the UK left the EU, judges are now used to using the purposive approach

Question 31

What impact has the Human Rights Act of 1998 had?

Answer 31

The HRA states that the legislation must be read in such a way that it is compatible with the HRA.