Statutory Interpretation (GREEN BOOKLET) Flashcards
What is statutory interpretation?
Interpretation of statutes by judges
When do judges interpret statutes?
In cases in court in order to reach a verdict
Who carries out statutory interpretation?
Judges and magistrates
Why is statutory interpretation needed?
Broad terms, ambiguity, drafting errors new inventions/technology, changes in the use of language
What three things can judges use to help them interpret statutes?
Aids, rules of language, rules of interpretation
What are the four rules of statutory interpretation?
Literal rule, Golden rule, Mischief rule, Purposive approach
Define the literal rule
The literal rule involves applying the plain, ordinary, literal meaning of words, even if it would lead to an absurdity
Name the 3 leading cases of the literal rule
Whiteley v Chappell
LNER v Berriman
DDP v Cheeseman
Describe the case facts of Whiteley v Chappell
D had voted by using the name of someone who had died
What were the words in question in the case of Whiteley v Chappell
‘Entitled to vote’
Why was the defendant in the case of Whiteley v Chappell acquitted?
Because a dead person isn’t ‘entitled to vote’
Describe the case facts of LNER v Berriman
The claimant was sueing LNER as her husband died due to a lack of look out man while oiling the railway line
What were the words in question in the case of LNER v Berriman?
‘Relaying and repairing’
Which statute was being interpreted in the case of LNER v Berriman?
Fatal Accidents Act 1946
Was the defendant found liable in the case of LNER v Berriman?
No because oiling the track was classified as maintaining the track and not ‘relaying and repairing’
Describe the case facts of DDP v Cheeseman
D was found masturbating in public toilets by police who were stationed there to arrest him
What was the word in question in the case of DDP v Cheeseman?
‘Passengers’
Which statute was being interpreted in the case of DDP v Cheeseman?
Town and Police clauses act 1847
What did the judge decide in the case of DDP v Cheeseman?
That the policemen weren’t passers-by as they had been stationed in the public toilets specifically and therefore the defendant was acquitted
What was the defendant charged with in the case of DDP v Cheeseman?
‘exposing one’s person to the annoyance of passengers’
Explain how the golden rule works
1) Start by using literal rule 2) If literal rule will lead to absurdity 3) use the golden rule to avoid absurdity
Describe how the narrow approach works
Judges can choose the meaning of the word which has more than one meaning
Describe how the broach approach works
Judges can modify the meaning of a word which has one clear meaning in order to avoid an absurdity
Describe the case facts of R v Allen
D was already married when he married another woman and was charged with bigamy
Which statute contained the offence presented in the case of R v Allen
Offences against the person act 1861
What was the key word in the statute that the judge had to interpret in the case of R v Allen?
‘Marry’
How did the judge in the case of R v Allen decide to interpret the word ‘marry’?
‘To go through a ceremony of marriage’
What was the outcome of the case R v Allen?
D was convicted of bigamy
Describe the case facts of Adler v George
D gained access to RAF station where he obstructed an officer on duty
What offence was the defendant charged with in the case of Adler v George?
‘Obstructing a member of the armed forces in the vicinity of a prohibited place’
What were the words in question in the case of Adler v George?
‘In the vicinity’
How did the judge interpret the phrase ‘in the vicinity’ in the case of Adler v George
‘In or in the vicinity’
Which approach of the golden rule was applied in the case of Adler v George?
Broad
What was the outcome of Adler v George
D was convicted
Describe the facts of the case Re Sigsworth
D murdered his mother to inherit her estate
What was the statute in question in the case of Re Sigsworth?
Administration of Estates act 1925
What did the statute say would happen to the estate of someone who hadn’t made a will?
That it would be inherited by their ‘issue’
How did the court interpret the statute in the case of Re Sigsworth?
That ‘issue’ didn’t include someone who had killed the deceased
What was the outcome in the case of Re Sigsworth?
D didn’t inherit the estate
What approach was applied to the case of R v Allen?
Narrow approach
What is the leading case that outlined the mischief rule?
Heydon’s case
List the 4 questions outlined in Heydon’s case that must be asked when using the mischief rule
1) What was the common law before the Act was made?
2) What was the mischief and defect for which the common law didn’t provide?
3) What was the remedy that parliament created to cure the disease?
4) What was the reason for the remedy?
What do judges look at under the mischief rule?
The law before the Act to see what mischief the Act was intended to cover
Describe case facts of Smith v Hughes
Prostitutes were harassing men from behind windows and balconies
Which statute was being interpreted in the case of Smith v Hughes?
Street offences act 1959
Where did the statute make it an offence of the prostitutes to be? (in the case of Smith v Hughes)
‘in a street or public place’
What was the mischief that the act was trying to solve in the case of Smith v Hughes?
People being approached/harassed by prostitutes
What was the outcome of Smith v Hughes?
The prostitutes were convicted as it was decided it did not matter where they were because they were still bothering people
In the case of RCoN v DHSS, what was the statute in question?
Abortion act 1967
What wording was being interpreted by the judge in the case of RCoN v DHSS?
‘registered medical practicioner’
What was the problem with the way that abortions were being carried out in the case of RCoN v DHSS?
That nurses were carrying out abortions despite not being ‘registered medical practitioner’s’
What did the judges identify as the mischief aiming to be solved in the case of RCoN v DHSS?
Unsafe abortions
What was the outcome of the case of RCoN v DHSS?
The nurses were considered as ‘registered medical practitioner’ and were legally allowed to carry out abortions
Describe the case facts of Corkery v Carpenter
D was pushing his bike along the pavement while intoxicated
What was the statute in question in the case of Corkery v Carpenter?
Licensing act 1872
What offence was D charged with in the case of Corkery v Carpenter?
‘Being drunk in charge of a carriage’
What was the mischief that the act was trying to solve in the case of Corkery v Carpenter?
Preventing people being in charge of transport while intoxicated
What was the outcome of the case of Corkery v Carpenter?
D was found guilty as his bicycle counted as a ‘carriage’
What are judges trying to achieve when using the purposive approach?
They are trying to consider the ‘purpose’ of the statute in question and uphold parliament’s intentions
Name 2 cases where judges opted to use the purposive approach
Jones v Tower Boot Company
R v Registrar-General ex parte Smith
Describe the brief case facts of Jones v Tower Boot
Claimant was suing his employer for harassment experienced in the work place due to racial discrimination
What was the statute in question in the case of Jones v Tower Boot?
Race relations act 1976
What was the key phrase which the court had to interpret in the case of Jones v Tower Boot?
‘Course of employment’
Why did the court not choose to use the literal rule in the case of Jones v Tower Boot?
Because the actions of employees couldn’t be considered as an improper mode of carrying out tasks
Why did the court choose to use the purposive approach in the case of Jones v Tower Boot?
Because otherwise the employer would’ve faced no responsibility for the scale of harassment endured by the claimant
What is the purpose of the Race relations act 1976?
To prevent racial discrimination in the work place
What was the outcome in the case of Jones v Tower Boot?
The employer was liable
Describe the brief case facts of R v Registrar-General ex parte Smith
D was applying for his birth certificate in the proper manner however the Registrar-General had refused to supply him with his birth records
Which was the statute in question in the case of R v RG ex parte Smith
Adoption Act 1976
Why did the court not want to interpret the words ‘shall supply’ in the literal meaning?
Because they did not want to put D’s birth mother at risk (as he was convicted of 2 murders on account of psychotic illness)
In the case of R v RG ex parte Smith, what did the court say that Parliament could not have intended to do?
Promote serious crime
What was the outcome of the case R v RG ex parte Smith?
The Registrar-General did not have to supply the information to D
Give 3 advantages of the literal rule
Creates certainty in the law
Respects parliamentary supremacy
Easy to use and saves time
Why does the literal rule create certainty in the law?
Because if all judges interpret words in the same way it keeps the law consistent and fair
Give an example whereby the literal rule created certainty within the law
LNER v Berriman: Compensation is only payable in cases whereby V is relaying and repairing the track
What is the consequence of the literal rule creating certainty in the law?
Law is certain, consistent and fair
D’s can prepare for likely outcome of case
Lawyers can accurately advise their clients
Public know what the law is
How does the literal rule respect Parliamentary supremacy?
By ensuring judges interpret law exactly how it is written by parliament
Give an example whereby the literal rule respected Parliamentary Supremacy
LNER v Berriman: Despite the absurd result, the court had followed the exact wording of the statute of ‘relaying and repairing’
Why is the literal rule easy to use and how does it save time?
Because meanings of words don’t need to be thought about
Give an example whereby the literal rule was easy to use and saved time
Whiteley v Chappell: The court only needed to decide what ‘entitled to vote’ meant; there was no need for make moral decisions or hear arguments`
What is the consequence of the literal rule respecting parliamentary supremacy?
Allows parliament to remain the ultimate and supreme law making authority
What is the consequence of the literal rule being easy to use and saving time?
Judges can decide cases quickly and easily as there is no difficulty of trying to decide what ‘should’ happen in a case
What are the 3 disadvantages of the literal rule?
Leads to absurd decisions
Assumes unattainable perfection in draftmanship
May be hard to agree on ‘literal’ meanings
Why does the literal rule lead to absurd decisions?
Because parliament cannot legislate for every eventuality so statute’s do not cover every possible situation
Give an example whereby the literal rule led to an absurd decision
DDP v Cheeseman: D was acquitted for masturbating in public toilets as the policeman didn’t qualify as ‘passengers’ despite D previously harassing other members of the public
What’s the consequence of the literal rule leading to absurd decisions?
Can lead to injustices and lack of respect for the law
Why is it a problem that the literal rule assumes unattainable perfection in draftmanship?
Because parliament cannot legislate for every possible situation; it is impossible
Give an example whereby Parliament’s draftmanship didn’t include each possible situation
LNER v Berriman: Parliament’s use of words ‘relaying and repairing’ were too narrow and doesn’t provide for other dangerous tasks
What’s the consequence of assuming perfection in draftmanship?
Assuming perfection can lead to absurd results which parliament didn’t intend
Why might it be difficult to agree on ‘literal’ meanings of words?
Because some words have more than one meaning
Give an example whereby a word had more than one meaning in a case and the literal rule couldn’t be used
R v Allen: D married another woman while already married (OAPA 1861). Literal rule couldn’t be used are there are 2 meanings of the word ‘marry’
What is the consequence of words having more than one meaning in the case of the literal rule?
Multiple meanings can make applying the literal rule
difficult for judges. The literal rule therefore loses its advantage of “easy to use and saves time”
What are the 3 advantages of the Golden rule?
Avoids absurdities
Gives rise to Parliament’s true intentions
Applies to words with multiple meanings
How does the golden rule avoid absurdities?
Because it allows judges to choose between meanings of words or modify the meaning of words
Give an example whereby the golden rule helped to avoid an absurdity
R v Allen: Judges avoided absurdity by using narrow approach of ‘marry’ to find D guilty of an offence otherwise impossible to commit (bigamy)
What is the consequence of the golden rule avoiding absurdities?
Makes the law just and fair
Public have faith in and respect for the law
How does the golden rule give rise to Parliament’s true intentions?
By allowing judges to interpret statutes in such a way that leads to sensible and just outcomes
Give an example whereby the golden rule gave rise to Parliament’s true intentions
Re Sigsworth: Use of the rule prevented D inheriting his mother’s estate. This met parliament’s intention as to prevent criminal’s from benefitting from their crime
What is a consequence of the golden rule giving rise to Parliament’s true intentions?
Golden rule prevents absurd and unjust outcomes
How does the golden rule apply to words with multiple meanings?
Because when using the narrow approach, judges can choose between the meanings of a word
Give an example whereby the golden rule applied to a word with multiple meanings
R v Allen: ‘Marry’ had more than one meaning and the golden rule allowed the judge to choose the meaning that would result in a rational result
What is the consequence of the Golden rule applying to words with ore than one meaning?
Fixes problem of multiple meanings within literal rule and makes the law quick and easy to interpret
What are the 3 disadvantages of the Golden rule?
Creates uncertainty within the law
Erodes parliamentary supremacy
Inflexible (narrow approach)
How does the golden rule create uncertainty within the law?
Judges have to decide their own definition of ‘absurd’ - different judges interpret it in different ways
Give an example whereby the golden rule created uncertainty within the law
Re Sigsworth: Not all judges will agree with the decision that it is absurd for a criminal to benefit from crime
What is a consequence of the Golden rule creating uncertainty within the law?
Different outcomes in similar cases shows the law as inconsistent
Lawyers unable to prepare cases
Public become uncertain
How does the golden rule erode parliamentary supremacy?
Broad approach allows judges to override what Parliament has said
Give an example whereby the golden rule has eroded parliamentary supremacy
Adler v George: Judges changed the law by adding ‘in or’ and therefore undermined parliament
What is a consequence of the golden rule eroding parliamentary supremacy?
Judges call into question Parliament’s role as senior UK law making body
How is the golden rule inflexible?
When using the narrow approach, judges are still restricted to two dictionary meanings
Give an example whereby the golden rule was inflexible?
Adler v George: No interpretation would’ve resulted in D being acquitted as there was no interpretation for narrow approach so broad approach had to be used
What is a consequence of the golden rule being inflexible?
Judges are still highly restricted
Name the 3 advantages of the mischief rule
Avoids absurdities
Promotes flexibility
Saves parliament amending laws
How does the mischief rule avoid absurdities?
By allowing judges to look beyond literal meanings of words in order to find the problem that parliament was trying to solve
Give an example whereby the mischief rule avoided an absurdity
Smith v Hughes: Problem was prostitutes harassing passersby; it was irrelevant where they were located
What is the consequence of the mischief rule avoiding absurdities?
Law is more just and the public have more faith in the law
How does the mischief rule promote flexibility?
Literal meanings can be overlooked and judges use legal knowledge to come to sensible decision
Give an example whereby the mischief rule promoted flexibility?
Royal college of nursing: Judges interpreted ‘registered medical practitioner’ to involve nurses in order to accommodate medical advances
What is the consequence of the mischief rule promoting flexibility?
Judges can reach more sensible and just decisions
How does the mischief rule prevent parliament from having to amend laws?
Judges are filling in gaps in the law for Parliament. This saves Parliament from having to spend time re-examining old Acts
Give an example whereby the mischief rule prevented parliament from having to amend laws
RCN v DHSS - no need for parliament to revisit the abortion act 1967 as judges can update the law through cases
What is the consequence of the mischief rule preventing parliament from having to amend laws?
Parliament can focus its time and energy on more substantial problem areas of law
Name the 3 disadvantages of the mischief rule
Creates uncertainty within the law
Erodes parliamentary supremacy
Limited to fixing one problem
How does the mischief rule create uncertainty within the law?
If different judges identify the mischief then this may lead to different outcomes in similar cases which leaves the law uncertain and inconsistent
What is the consequence of the mischief rule creating uncertainty within the law?
Lawyers and defendants are unable to prepare their case and the public are unsure of what they can/cannot do
How does the mischief rule erode parliamentary supremacy?
The rule allows for judges to create the law and apply new meanings and thus eroding parliamentary supremacy as it implies that parliament’s law is wrong
Give an example whereby the mischief rule eroded parliamentary supremacy
RCN v DHSS - 2/5 judges disagreed with the use of the mischief rule and said that the other 3 were rewriting the law and it wasn’t their place to do this
What is a consequence of the mischief rule eroding parliamentary supremacy?
Judges call into question Parliament’s role as senior UK law making body which creates issues as judges are not elected
How is the mischief rule limited to fixing only one problem?
Judges can only use the mischief rule to “fill the gap” in the old law, rather than give rise to Parliament’s real purpose
Give an example whereby the mischief rule was limited to fixing only one problem
R v Registrar General ex parte Smith- Mischief rule could not be used here. The purpose of the Adoption Act was to reunite families. It was not to fix the mischief of serial killers murdering their mothers
What is a consequence of the mischief rule being limited to only one problem?
Mischief rule can be of limited use as it does not go so far as to consider Parliament’s purpose in enacting a statute
How does the purposive approach avoid absurd decisions?
Allows judges to ignore strict meanings and instead decide on parliament’s purpose which thus covers more situations
Give an example where the purposive approach could’ve avoided an absurd decision
LNER v Berriman - had the PA been used then it would’ve been decided that FAA’s purpose was to improve safety of workers and thus D would’ve been found liable
What is a consequence of the purposive approach avoiding absurd decisions?
Law is more just and society has more faith in the law
How does the purposive approach allow for social, economic and technological change?
Judges can interpret a statute widely to accomodate changes and thus preventing parliament from having to redraft statutes every time a change occurs
Give an example where the purposive approach allowed for social, economic and technological change
RCoN v DHSS - By taking medical advances into account, judges included nurses under the term ‘registered medical practitioner’ so they could carry out abortions
What is a consequence of the PA allowing for social, economic and technological change?
Parliament can focus their time on more substantial problem areas within the law
How does the purposive approach save parliament time?
PA is closer to the european approach where judges can arrive at a decision that parliament would
Give an example where the PA saved parliament time
Jones v Tower Boot - Parliament didn’t have to draft to draft a new statute as judges could recognise what parliament would want and fixed law for them
What is a consequence of PA saving parliament time?
Parliament can focus on more substantial problem areas in the law
How does PA create uncertainty within the law?
Judges may not agree on the purpose of statute and different judges will interpret differently
What is a consequence of PA creating uncertainty within the law?
Lawyers/D’s unable to prepare for trials and public uncertainty
How does PA erode parliamentary supremacy?
PA comes with a risk of judicial law making meaning judges take over parliament’s role of law making
Give an example where PA was eroding parliamentary supremacy
R v RG ex parte Smith - Judges ignored parliaments wording of ‘shall supply’ and interpreted them in the complete opposite way - denying C of birth certificates
What is a consequence of the PA eroding parliamentary supremacy?
Creates risk of unelected judges deciding what’s best for the public
How does the PA result in judiciary being too powerful?
As there are no guidelines on how to use the purposive approach
Give an example where PA meant judiciary was too powerful
R v Clinton - Statute said ‘loss of control’ defence was only applicable when there was a ‘qualifying trigger’ which didn’t include infidelity - however judges ignored this and acquitted D of murder
What are the two types of aids of interpretation?
Intrinsic and extrinsic
Where are intrinsic aids found?
Within the statute, used to help judges with interpretation
Name 4 examples of intrinsic aids
Headings, Long title, Short title, Definition sections
What are definition sections used for?
To define ambiguous or broad terms within an Act
What is a case example where the definition section was used?
Oxford v Moss
Describe how the definition section in the case of Oxford v Moss was used
Used to define ‘property’ and concluded that information was not property that could be stolen
What is the short title used for?
Informs judges what the Act will cover so they know which act to refer to
Give an example where the short title of an Act was useful
LNER v Berriman
Describe how the short title was useful in the case of LNER v Berriman
Fatal Accidents act was referred to as there was a fatal accident on the railway
Where are extrinsic aids found?
Found outside the statute - used by judges to help interpretation
Give 4 examples of extrinsic aids
Interpretation Act, Law reform reports, Hansard, Dictionaries
What is the purpose of law reform reports?
To explain why a statute was enacted
Give an example where a law reform report was used
DDP v Bull
How was the Wolfenden Report useful for the case of DDP v Bull?
It stated that the Street Offences Act was created to eliminate female prostitution and thus the male prostitutes were acquitted
What is Hansard?
A report of parliamentary debate to decipher parliament’s intentions
What case prohibited the use of hansard?
Davis v Johnson
What case now permits hansard?
Pepper v Hart
How are dictionaries used to help interpretation?
Used to help judges understand words in an Act
Give a case example where a dictionary was used to help interpretation
DDP v Cheeseman
How was a dictionary used in DDP v Cheeseman to acquit D?
Used to define ‘passenger’ as ‘passer-by’ and concluded D was not guilty on the basis that the policeman were not passers by
What are the 3 rules of language?
Ejusdem Generis, Expressio unius est exclusio alterius, Noscitur a sociis
Translate ‘ejusdem generis’
‘Things of the same kind’
Describe when ‘ejusdem generis’ will apply
Where there is a list of at least 2 words followed by a general word, the general word takes it’s meaning from the specific words before it
Give a case example where ‘ejusdem generis’ was used
Powell v Kempton Park racecourse
Describe the brief case facts of Powell v Kempton Park Racecourse
Betting Act 1853, ‘house, room, office or other place’ referred to indoor places so didn’t apply to outdoor racecourse
Translate ‘expressio unius est exclusio alterius’
‘Where the inclusion of one type excludes the other’
Describe when ‘expressio unius est exclusio alterius’ will apply
When there is a list of words not followed by a general word, the act will only apply to the words included in the list
Give a case example where ‘expressio unius est exclusio alterius’ applied
Inhabitants of Sedgeley
Outline brief case facts of inhabitants of sedgeley
Statute raised taxes on ‘land, houses and coal mines’ and thus didn’t include limestone mines
Translate ‘noscitur a sociis’
‘To be interpreted in context’
How is ‘noscitur a sociis’ used?
This involves looking at other words in the same section or same act
Give a case example when ‘noscitur a sociis’ was used
Inland revenue commissioners v Frere
Outline brief case facts of Inland revenue commissioners v Frere
A section of the act referred to ‘interest, annuities or other annual interest’ and thus it was concluded that ‘interest’ was only referring to annual interest as it was referred to specifically in the same section
