Statutory Interpretation: Rules and Theory

Question 1

What is meant by statutory interpretation?

Answer 1

How judges interpret and enforce the law written into statutes

Question 2

What are the four rules used for interpretation?

Answer 2

Literal, golden (broad & narrow), mischief and purposive approach

Question 3

What is the literal rule?

Answer 3

The judge uses the words/phrases of the statute in their ordinary/natural use, even if this seems to be contrary to the intentions of parliament

Question 4

What case demonstrates the literal rule in use?

Answer 4

Whiteley v Chappell

Question 5

What did the law state in the case of Whiteley v Chappell

Answer 5

Poor Law Amendment Act 1851, an offence to ‘impersonate any person entitled to vote’, the D casted his vote in the name of a dead person

Question 6

What did the judge rule in the case of Whiteley v Chappell?

Answer 6

Under the literal rule, a dead person cannot vote, therefore the D was not guilty as they had not impersonated anybody entitled to vote

Question 7

What is the golden rule?

Answer 7

If the word or phrase has more than one meaning the judge can avoid an absurd decision by adopting the less usual meaning

Question 8

What is the narrow approach of the golden rule?

Answer 8

Where a word or phrase is capable of more than one meaning, the judge can select the meaning that avoids absurdities

Question 9

What case shows the narrow approach of the golden rule in use?

Answer 9

R v Allen

Question 10

What did the law state in the case of R v Allen?

Answer 10

OAPA 1861, made it ‘anyone who being married shall marry any other person during the lifetime of the former husband or wife… shall be guilty of the offence of bigamy’

Question 11

What did the judge rule in the case of R v Allen?

Answer 11

Since it is impossible to be married twice under civil law meaning a person cannot be guilty of bigamy, the judge applied the golden rule stating marriage means going through a marriage service, making the D guilty

Question 12

What is the broad approach of the golden rule?

Answer 12

Where there is only one literal meaning, but to apply it would cause an absurdity, the courts can modify the meaning of the word to avoid this

Question 13

What case shows the broad approach of the golden rule being used?

Answer 13

Adler v George

Question 14

What did the law state in the case of Adler v George?

Answer 14

Official Secrets Act 1920, made it an offence to obstruct a member of the armed forces ‘in the vicinity of a prohibited place’ however the D was in the prohibited place, not near it

Question 15

What did the judge rule in the case of Adler v George?

Answer 15

Under the broad approach of the golden rule, conviction was upheld as it would be absurd for a person to be liable if they were near a place but not for someone who was in the place

Question 16

What is the mischief rule?

Answer 16

Wider approach, concentrates on interpreting words to achieve the aims of parliament and deal with the mischief that the act is directed at

Question 17

What are the steps a judge must take when using the mischief rule and what case does this come from?

Answer 17

Heydon’s case, what was the common law before the act, what was the mischief and defect for which the law did not provide, what was the remedy parliament passed to cure the mischief and what was the true reason for the remedy

Question 18

Which case shows the mischief rule in use?

Answer 18

Smith v Hughes

Question 19

What did the law say in the case of Smith v Hughes?

Answer 19

Street Offences Act 1958 made it an offence to ‘solicit in a street for the purpose of prostitution’ however the D was sat on a balcony or inside tapping on a window to attract the attention of people on the street

Question 20

What did the judge rule in the case of Smith v Hughes?

Answer 20

The judge ruled that parliament was obviously trying to prevent prostitution being witnessed in the streets/public places, therefore sitting on balconies came under this scope and the D was guilty

Question 21

What is the purposive approach?

Answer 21

Goes beyond the mischief rule, does not just look at what the gap was in the old law but decides what parliament was trying to achieve, i.e. the purpose

Question 22

What case shows the purposive approach being used?

Answer 22

Quintavelle v Human Fertilization and Embryology Authority

Question 23

What did the law say in the case of Quintavelle?

Answer 23

Human Fertilization and Embryology Act 1990, defined an embryo as ‘a live human embryo where fertilization is complete’, however for the purpose of cloning embryos were not fertilized

Question 24

What did the judge rule in the case of Quintavelle?

Answer 24

HoL decided cloned embryos were covered by the act and could be used for research purposes, which was what the act intended to cover

Question 25

What are the different reasons why statutory interpretation is needed?

Answer 25

Acts can have broad terms, be ambiguous, there can be a drafting error, changes in the use of language or new developments