Statutory Instruments Flashcards
(12 cards)
Introduce
Literal Rule
3 Bullet points
Apart of Literal Rule
- Judge uses plain, natural and ordinary grammatical meaning of a word
- First point of call even if it leads to absurdity.
- Judge uses a dictionary from year the act was created in.
Explain
Cases for Literal Rule
Harris, LNER v Berriman, Whiteley v Chappel
Apart of Literal Rule
Harris - Biting is not stab/cut/wound, so conviction is quashed LNER v Berriman - Oiling is not relaying or repairing tracks, so no compensation Whiteley v Chappel - To impersonate a person entitled to vote, they have to be living, a dead persons voting card being used is not an offence
Introduce
Golden Rule
2 bullet points
Apart of Golden Rule
- Modification of the literal rule
- Only used if literal rule provides an absurd or unjust result.
Describe
Narrow Approach, Wider Approach
R v Allen, Re Sigsworth, Adler v George
Apart of Golden Rule
Narrow
A word has more than one meaning, courts chose between the meanings to avoid the absurdity.
R v Allen - Offence to marry whilst married, charged with bigamy, the meaning of take a partner in marrige doesn't work if person already married, so used second meaning of taking part in a marrige ceremony.
Wider
Word has one clear meaning but that leads to an absurdity, courts modify meaning to avoid outcome.
Re Sigsworth - A dead persons estate passes on to next kin, V's next kin was her son who killed her, unjust to give son property, changed Kin to exclude those who killed. Adler v George - Offence to protest in vicinity of a place, D was inside the RAF base, he was in the area but not in the vicinity, absurd to acquit, so meaning of vicinity changed to include being inside building.
Introduce
Mischief Rule
Heydon’s Case (4 part test)
Apart of Mischief Rule, 1 Bullet point
- Judge interprets law to give effects to intention, with regards to the pre-existing mischief
Originates from Heydon's Case: 1) What was the previous common law? 2) What was the mischief that old common law did not cover? 3) How had P tried to rectify mischief in olf law in the new act? 4) How can courts fulfil P's intention?
Explain
Cases for Mischief Rule
Smith v Hughes, DPP v Bull, RCN v DHSS
Apart of Mischief Rule
Smith v Hughes - Act made it offence to solicit in streets, D's used balconies and windows instead to attract clients, Parliament had intended to stop prostitutions, so D ended up guilty under MR as, it didn't matter where the soliciting came from. DPP v Bull - Offence to solicit clients on street, D was male so unclear if affected him, P intended to stop female prostituiton and the report had reffered to women in the act, so D was not guilty. Royal College of Nurses v DHSS - Act stated only medical practicioners could do an abortion, nurses carried out early abortion with pill, RCN wanted to check if nurses counted as a medical practicioner, P intended to stop back-street abortion, so intention to allow nurses as medical practicioners.
Introduce
Purposive Approach
Bulmer v Bollinger, 1 bullet point
Apart of Purposive Approach
- Goes beyond the mischief rule, judge don’t look for gap or error, only P intention and purpose of the act, law is interpretated this way.
Bulmer v Bollinger - Lord Denning said, we must no longer look at the meaning of the act but the purpose or intent
Explain
Cases for Purposive Approach
Coltman v Bibby Tanker, R(Quintavalle) v Secretary of State for Health
R v Registrar-General, ex Parte Smith - Apart of Purposive Approach
Coltman v Bibby Tanker - A ship sank killing employees, act involved had word 'equipment', Courts had to decide if ship classes as equipment, P had been trying to protect employees from defective equipment, so a ship was classed R(Quintavalle) v Secretary of State for Health - When act passes only IVF could create embryo outside human body, but now CNR could create one, Courts had to decide if CNR Embryo could be classed as natural embryo, courts decided P would have intended for this technology to be covered. R v Registar-General, ex Parte Smith - Adoption Act allows those adopted to discover biological parents identity, Smith convicted murderer who wanted to know identity of birth mum, courts had to decide if he should get this information, courts decided P wouldn't have intended to put people at risk, so refused the information to Smith.
Introduce + Explain
Intrinsic Aids
Long/Short Title of Act
The Preamble
Abortion Act 1967, Climate Change and Sustainability Act 2006,
Apart of Intrinsic Aid
- Found inside acts to interpret words or phrases.
Long/Short Title of Act
Use the title to find the meaning of words.
Abortion Act 1967 - Long Title is An Act to ammend and clarify the law relating to termination of pregnancy by registered medical practicioners.
The Preamble
Statement after long title, gives further information on purpose of the act
Climate Change and Sustainability Act 2006 - Purpose to enhance UK contribution to combat Climate Change
Explain
Interpretation Section
Schedules
S.4(1) of Theft Act 1968, Hunting Act 2004 Schedule 2
Apart of Intrinsic Aid
Interpretation Section
Lists meaning of words in act, to interpret in line with P intention.
S.4(1) of Theft Act 1968 - Property includes money, all other things real or personal, including things in action and other intangible property.
Schedules
Found at end of act, contains additional information, that should be considered when reading the act.
Hunting Act 2004, Schedule 2 - Contains list of previous acts it had made changes to.
Introduce + Explain
Extrinsic Aid
Dictionary
Hansard
DPP v Cheeseman, Pepper v Hart
Apart of Extrinsic Aid
- Found outside Act to interpret words or phrases.
Dictionary
Most popular, interprets words with agreed definition from time of act.
DPP v Cheeseman - Used 1847 dictionary to look up "Passenger", found to mean, "anyone resorting in an ordinary way"
Hansard
Written reports of debate in HOC/HOL, more accepted to find intention.
Pepper v Hart - HOL stated Hansard can be used where words of the act are ambiguous or lead to an aburdity.
Explain
Law Commission Report
Academic Textbook
Re Castioni
Apart of Extrinsic Aid
Law Commission Report
Judge can use law reform report created before act, to identify the gap or mischief, the act trid to rectify, alongside the purpose of the act.
Academic Textbook
Judge may use words of acadmics to interpret meanings of words and phrases.
Re Castioni - Judges referred to "History of Criminal Law" textbook to find meaning of "political crime"
