Statutory interpretation

Question 1

What is the purpose of statutory interpretation, and why is it necessary

Answer 1

Explores how judges interpret the language of parliemant

necessary as…
- words used may be too broad

Question 2

What are the 4 rules of statutory interpretation

Answer 2

1. The literal rule
2. The golden rule
3. The mischief rule
4. Purposive approach

Question 3

Statutory interpretation

Describe the Literal Rule

Answer 3

judges use the exact meaning of the words used in an act, no matter how absurd the result is

Question 4

Statutory interpretation

Case illustrating the literal rule

Answer 4

Whitelley v Chappell

Question 5

Statutory interpretation

Literal rule: facts of Whiteley v Chappell

Answer 5

A statute made it an offence ‘to inpersonate any person entitled to vote. D used the name of a dead man to vote, found not guilty as a dead person is not entitled to vote

Question 6

Statutory interpretation

Advantages and disadvantages of literal rule

Answer 6

Adv: Respects parliament sovreignty

Disadv: Assumes every act is drafted perfectly

Question 7

Statutory interpretation

Describe the Golden rule

Answer 7

Extension of literal rule: words will be given their literal meaning unless it provides an absurd result

Question 8

Statutory interpretation

Case illustrating golden rule

Answer 8

Alder v George

Question 9

Statutory interpretation

Golden rule: facts of Alder v George

Answer 9

It was an offence to obstruct a member of the armed force ‘in the vicinity’ of a prohibited place. D was in prohibited place rather than ‘in the vicinity’

Question 10

Statutory interpretation

Golden rule: held in Alder v George

Answer 10

Court applied golden rule as it would be absurd for a person to be liable if they were near a prohibited place and not actually in it

Question 11

Statutory interpretation

Adv and disadv of golden rule

Answer 11

Adv: provides way of avoiding worst problems faced by golden rule

Disadv: no definition of an absurd result

Question 12

Statutory interpretation

Describe the mischief rule

Answer 12

looks back to the gap of previous law and interprets the Act so as to cover it

Question 13

Statutory interpretation

Case law of mischief rule

Answer 13

Smith v Hughes

Question 14

Statutory interpretation

Mischief rule: Facts of smith v Hughes

Answer 14

Offence to solicit in a public place, D’s were prostitutes solicitinig from private areas (like balconies and windows)

Question 15

Statutory interpretation

Mischief rule: Held in Smith v Hughes

Answer 15

Court applied mischief rule, held activites of D’s were within mischief the Act was aimed at

Question 16

Statutory interpretation

Adv and disadv of mischief rule

Answer 16

Adv - responds positively to loopholes in the law

Disadv - judges go beyond authority by filling in gaps

Question 17

Statutory interpretation

Describe purposive approach

Answer 17

Look at the purpose of the law

• extension of mischief rule, judges look to find what Parliament meant to achieve with the law

Question 18

Statutory interpretation

Case law for purposive approach

Answer 18

R v coleman

Question 19

Statutory interpretation

Purposive approach: Facts of R v Coleman

Answer 19

D burgled a narrow boat. The purpose of the Power of Criminal Courts Act was to sentence burglas on their 3rd offence

Question 20

Statutory interpretation

Purposive approach: Held in R v Coleman

Answer 20

Courts used purposive approach, ‘The Act should be interpreted to mean the same as the Theft Act 1968

Question 21

Statutory interpretation

What are some intrinsic aids judges use

Answer 21

A glossary of key terms in some acts

Question 22

Statutory interpretation

What are some extrinsic aids judges may use

Answer 22

Historical context of the Act, for example ‘Offences Against a Persons Act’ uses the word grevious which is no longer in use today, but it was in use back then.