Criminal Mini Topic 1- Statutory Interpretation

Question 1

What are the 4 rules of statutory interpretation?

Answer 1

Literal, golden, mischief and purposive.

Question 2

What is the literal rule?

Answer 2

Where the judge gives the words of the law their plain, ordinary and literal meaning.

Question 3

What are the two types of golden rule?

Answer 3

Golden narrow, golden wider.

Question 4

What is the golden narrow rule?

Answer 4

When a word has more than one meaning, the judge is allowed to choose the relevant meaning and ignore the other one.

Question 5

What is the golden wider rule?

Answer 5

If the words in an Act lead to and absurd outcome, you can change the meaning of the words to avoid the absurd outcome.

Question 6

What is the mischief rule?

Answer 6

Under this rule the judge will interpret the law in order to resolve the mischief or the problem.

Question 7

What is the purposive rule?

Answer 7

Judges will look at the overall purpose of the law and they will interpret the Act to achieve the overall purpose.

Question 8

What is the case for the literal rule?

Answer 8

Cheeseman v DPP (1980)

Question 9

What is the case for the golden narrow rule?

Answer 9

Allen

Question 10

What is the case for the golden wider rule?

Answer 10

Resigsworth

Question 11

What is the case for the mischief rule?

Answer 11

Smith v Hughes

Question 12

What is the case for the purposive rule?

Answer 12

Royal College of Nursing v DHSS

Question 13

What are the advantages of the literal rule and golden narrow rule?

Answer 13

1. Respects Parliamentary Sovereignty
2. Easier to apply and cheaper eg all that is needed is a dictionary

Question 14

What are the disadvantages of the literal rule and golden narrow rule?

Answer 14

1. Leads to absurd outcomes
2. Rigid and inflexible rules, words can have more than one meaning even in dictionaries

Question 15

What are the advantages of the golden wider rule, mischief rule and purposive rule?

Answer 15

1. Flexible, allows judges to go beyond the wording of the Act
2. Allows the judge to avoid and absurd or unjust outcome and gives the public more confidence in the law

Question 16

What are the disadvantages of the golden wider rule, mischief rule and purposive rule?

Answer 16

1. Goes against Parliamentary Sovereignty
2. If judges are constantly changing the law it could make the law unclear and make it difficult for lawyers to advise their clients

Question 17

What are the internal (inside the Act) aids to interpretation?

Answer 17

1. Words- the judge can read the words in the act o help them understand
2. The long tile- helps explain what the Act is about
3. Preamble- short summary paragraph at the beginning of the Act

Question 18

What are the external (outside the Act) aids to interpretation?

Answer 18

1. Dictionary- must be the Oxford dictionary from the same year the act was passed (used for the golden narrow and literal)
2. Hansard- the record of the debate that takes place in Parliament when the Act is being discussed, for judges who want to know why the law was created and for what purpose

Question 19

What is the case Cheeseman v DPP (1980)?

Answer 19

Police planned to catch Cheeseman masturbating in public toilets. He was held not guilty because the law stated it was an offence to expose yourself to ‘passengers’ eg someone passing through/moving, the police were stationary.

Question 20

What is the case Allen?

Answer 20

Concerned the offence of bigamy (multiple marriages). Marry has two meanings- to be legally married or to go through a ceremony of marriage. The first meaning would’ve made the crime impossible so they used to second meaning, he was held guilty.

Question 21

What is the case Resigsworth?

Answer 21

He murdered his mother, under the law he was due to inherit his mother’s property. This was an absurd outcome so the judge changed it.

Question 22

What is the case Smith v Hughes?

Answer 22

Under the Street Offences Act is is illegal to ‘solicit’ people on the street. The prostitutes were in a house but were harassing people on the street. They were committing the mischief so they were held guilty.

Question 23

What is the case Royale College of Nursing v DHSS?

Answer 23

Involved the Abortion Act 1967, the purpose of the act was to stop backstreet abortions, however up until 1967 only doctors could carry out. Nurses can now carry out abortions because the purpose is to keep people safe.