Statutory Interpretation (incl AIDS) 7/14

Question 1

What is the Literal Rule?

Answer 1

• Courts use the words plain, ordinary and grammatical meaning even if outcome is absurd
• Often use dictionary (most common, least controversial)
• Judges believe not their job to change wording of an Act
• Heavily criticised for injustices

Question 2

Case example of the Literal Rule

Answer 2

• Whiteley v Chappel - D impersonated a dead man attempting to vote. The act said you can’t impersonate anyone “entitled to vote”. Not guilty because dead man was not entitled to vote.
• Fisher v Bell - Shopkeeper displayed flick knives, illegal to “offer” flick knives. But this was an ITT not an offer.

Question 3

What is the Golden Rule?

Answer 3

• Starts looking at literal meaning, if absurd/injustice then avoid
• Safety valve -> perfectly sensible outcome
• 2 Views:
  
  1. NARROW = choose between 2 meanings, if there is only 1 meaning it must be given
  2. WIDE = the meaning would lead to a bad outcome, can modify the meaning

Question 4

Case example Narrow view in Golden Rule

Answer 4

R v Allen - D attempted to marry someone whilst married. He claimed the 2nd one was void, but ‘shall marry’ was interpreted as going through a ceremony so D guilty

Question 5

Case example Wide view in Golden Rule

Answer 5

Re Sigsworth (WIDE) - son murdered mother for inheritance. The Act was not ambiguous but courts wouldn’t let a murderer benefit from a crime so wide approach used and courts wrote into the act that D couldn’t inherit if they killed the deceased

Question 6

What is the MISCHIEF Rule?

Answer 6

• Used when the relevant statute was aiming to reform an old law
• Judge looks at what the law was like before the statute to see what “mischief” it was trying to cover. Then interprets the act in a way that covers it
• The rule from Heydon’s Case: Court must consider
  
  1. Common law before the act was made
  2. Mischief the common law didn’t provide for
  3. Parliament’s remedy
  4. True reason for the remedy

Question 7

Case examples Mischief Rule

Answer 7

• Smith v Hughes - prostitutes, illegal to solicit in a public place, they were soliciting from balconies so technically not public place. However this was within the mischief the Act was aimed at so guilty.
• Royal College of Nursing v DHSS - only medically recognised practicioners could carry out abortions. However the Act was aiming to stop back street abortions where no medical care was available. So the nurses actions were outside the mischief.

Question 8

What is the Purposive Approach?

Answer 8

• Goes beyond mischief rule, judge decides what they think Parliament meant to achieve
• Done by looking at the spirit of the law rather than the strict letter
• Tries to give effect to the wider purpose of the law
• Seen as modern version of mischief rule
• Introduced to interpret European Law

Question 9

Case examples Purposive approach?

Answer 9

• R v Registrar General ex parte Smith - Smith wanted birth certificate and met the conditions as 18, but he wanted it to find his mum and kill her. Therefore HOL rules information should not be given as they could not promote a serious crime.
• Jones v Tower Boot Co - black worker abused at work so sued employers. They argued the abuse was outside the ‘course of employment’. Parliament intended to eliminate workplace discrimination so employer liable

Question 10

What are Intrinsic Aids?

Answer 10

Something inside the act

Question 11

Examples of Intrinsic Aids

Answer 11

1. Short Title = name of act
2. Long Title = general intentions of the act
3. The Words = overall context
4. The Preamble = Gives Parliament’s purpose in enacting the statute
5. Sidenotes = explain different sections
6. Interpretation Section = gives meanings of words used in the Act

Question 12

What are Extrinsic Aids?

Answer 12

Something outside the act

Question 13

Examples of Extrinsic Aids

Answer 13

1. Oxford English Dictionary = from the same year the statute was written
2. Law Commission Reports = official reports to discover the gap
3. International Conventions = (Travaux Preparatoires) when meaning of international law is altered in translation to English
4. Previous Acts Of Parliament = on the same topics as the Act
5. Earlier Case Law = on the same topics
6. The Historical Setting = considering the way society was when the Act was passed
7. Hansard = the official report of what was said in Parliament when the Act was debated