Statutory Interpretation 2A

Question 1

What is the structure of an 8 mark question?

Answer 1

1. Introduction of the rule- Definition and how it is used.
2. Case 1 (and 2)- Statute, persons actions, words of statute, problem, approach taken, result.

Question 2

What is the structure of a 12 mark question?

Answer 2

ICEC - 4-5 Developed Paragraphs

1. Issue (point) - one advantage/disadvantage is…
2. Cause (explain) - This is a (dis)advantage because…
3. Example (Evidence) - This issue arose in the case of…
4. Consequence (link to question/ theme) - This means that…

Question 3

What are the four rules of interpretation?

Answer 3

The literal rule
The golden rule
The mischief rule
The purposive Approach

Question 4

What is the literal rule?

Answer 4

It requires judges to apply the literal, ordinary, dictionary meaning of an unclear word even if it leads to ‘manifest absurdity’.

Question 5

In what way would a judge use the literal rule? (Strictly or loosely)

Answer 5

Strictly to avoid confusion.

Question 6

What does Lord Esher say about the literal rule?

Answer 6

“If the words of an act are unclear, you must follow them even if they lead to manifest absurdity”

Question 7

What is the first case used for the literal rule?

Answer 7

LNER v Berriman

Question 8

What was the statute in LNER v Berriman?

Answer 8

Statute- The Fatal Accidents Act 1946

Question 9

What did the victim do in LNER v Berriman?

Answer 9

Persons actions - The railway worker (Mr Berriman) was doing maintenance, oiling points on the track. He was hit by a train and was killed.

Question 10

What did the act say in LNER v Berriman?

Answer 10

Words of Act - states when a lookout should be provided for railway workers. It said they should be provided for workers who were ‘relaying’ or ‘replacing’ the railway.

Question 11

What was the problem with these words in LNER v Berriman?

Answer 11

Problem- Mr Berriman’s actions were classed as ‘maintenance’ which was not ‘relaying’ or ‘replacing’.

Question 12

What approach was taken in LNER v Berriman?

Answer 12

Approach taken- literal meanings of relaying and repairing were used.

Question 13

What was the result in LNER v Berriman?

Answer 13

Result- Therefore the LNER were not liable.

Question 14

What is the second case used for the literal rule?

Answer 14

DPP v Cheeseman

Question 15

What was the statute in DPP v Cheeseman?

Answer 15

Statute - Town Police Clauses Act 1847

Question 16

What did D do in DPP v Cheeseman?

Answer 16

Persons actions - The defendant (D) was masturbating in a public lavatory. Police who were on patrol in the area caught him.

Question 17

What did the act say in DPP v Cheeseman?

Answer 17

Words of act - This Act defined a street as any place of public resort under the control of the local authority.
The toilet was classed as a street in the law as it was a place of public resort controlled by the local authority.
A passenger was defined as a ‘passer-by or through; a traveller (usually on foot) ; a way farer in the oxford dictionary.

Question 18

What was the problem with the words in DPP v Cheeseman?

Answer 18

Problem- The police were found to not be passengers as they were not resorting in a ordinary way but for a special purpose.

Question 19

What was the approach taken in DPP v Cheeseman?

Answer 19

Approach taken- literal meanings used

Question 20

What was the result in DPP v Cheeseman?

Answer 20

Result - Therefore D was found not guilty.

Question 21

Which rule is a modification of the Literal Rule?

Answer 21

The Golden Rule

Question 22

Briefly explain how the Golden Rule works. Not the definition, just when it is used.

Answer 22

Starts by looking at the literal meaning of the word in the statute. However if that comes to an absurd result, court can use this Golden Rule.

Question 23

What are the two versions of the Golden Rule?

Answer 23

The narrow approach
The broad approach

Question 24

How does the narrow approach work?

Answer 24

If a phrase has 2 or more meanings the judge can choose between the meanings to select the more appropriate one for the case. They cannot invent new meanings.

Question 25

Which case relates to the narrow approach?

Answer 25

R v Allen

Question 26

What was D charged with in R v Allen?

Answer 26

D charged with Bigamy under OAPA 1861

Question 27

What was problematic in R v Allen?

Answer 27

Problematic word - “married” Two meanings were: 1. To be legally married (impossible to be twice as it would be detected in paperwork) or 2. To go through a wedding ceremony (able to do multiple times).

Question 28

What was the result in R v Allen?

Answer 28

The court chose the 2nd definition as it enabled D to be convicted of Bigamy.

Question 29

How does the Broad approach work?

Answer 29

Where the words in the statute have 1 clear meaning but that leads to an absurd result. Court can modify the words of the statute to avoid the problem.

Question 30

Which case relates to the broad approach?

Answer 30

Re Sigsworth (correct spelling no v)

Question 31

What was the situation in Re Sigsworth?

Answer 31

V had not made a will D was son of v and murdered v

Question 32

What was the statute in Re Sigsworth?

Answer 32

Administration of Justice Act 1925 was used in court.

Question 33

What was the problem in Re Sigsworth?

Answer 33

This act says that the murderous son would inherit the estate. This was problematic because D would benefit from his crime. (Court didn’t want this)

Question 34

What was the result in Re Sigsworth?

Answer 34

They modified the words in order to avoid giving the estate to the son.

Question 35

What is the Mischief rule?

Answer 35

It requires judges to: Identify the mischief (problem) parliament were attempting to stop by making the statute. Interpret the statute to stop the mischief.

Question 36

What are the 4 questions to ask when using the Mischief rule?

Answer 36

What was the common law before the Act was made? What problem did the old law not stop? What was the solution Parliament created to cure the problem? What was the reason for the solution?

Question 37

What is the first case that relates to the Mischief Rule?

Answer 37

Smith v Hughes

Question 38

What statute was the court interpreting in Smith v Hughes?

Answer 38

Street offences Act 1959

Question 39

What did the statute say was a crime? (Smith v Hughes)

Answer 39

It is an offence for a common prostitute to loiter or solicit in a street or public place for the purposes of prostitution.

Question 40

Where were the defendants in Smith v Hughes?

Answer 40

Behind a window on a balcony.

Question 41

Why was the position of the defendants in Smith v Hughes problematic?

Answer 41

They were not on a street.

Question 42

What was the mischief the parliament was trying to prevent with the Street Offences Act?

Answer 42

Trying to stop prostitutes from harassing passers by.

Question 43

What decision would stop the mischief in Smith v Hughes?

Answer 43

Finding the defendant’s guilty of prostitution.

Question 44

What is the second case used in the mischief rule?

Answer 44

Royal college of nursing v DHSS

Question 45

What statute was the court interpreting in RCN v DHSS?

Answer 45

The Abortion Act 1967

Question 46

Who was allowed to perform abortions according to the abortion act?

Answer 46

Registered medical practitioners

Question 47

Why were the nurses technically not allowed to help with the abortion in RCN v DHSS?

Answer 47

They were not registered medical practitioners.

Question 48

What was parliament trying to prevent by making the abortion act?

Answer 48

Number of illegal abortions

Question 49

Which decision would stop the mischief in RCN v DHSS?

Answer 49

Allowing nurses to give treatment and find them not guilty.

Question 50

How many judges disagreed with the decision in RCN v DHSS?

Answer 50

2 As they said it was not the words of the act and that they were re-writing it.

Question 51

What is the Purposive Approach?

Answer 51

It considers the intent of parliament and interprets the act to achieve the aim.

Question 52

Who was for the Purposive Approach and why?

Answer 52

Lord Denning because they are looking at parliament’s intention.

Question 53

Who was against the Purposive Approach and why?

Answer 53

Lord Simmons because “it is a blatant taking over of Parliament’s role of law making under the disguise of interpretation.

Question 54

What is the first case used for the Purposive Approach?

Answer 54

Jones v Tower Boot Co

Question 55

Why was V suing his employer in Jones v Tower Boot Co?

Answer 55

He was being racially harassed.

Question 56

What act was the court interpreting in Jones v Tower Boot Co?

Answer 56

The race relations act 1976

Question 57

Under Race Relations Act, when are employers liable for acts of their employees?

Answer 57

In the course of employment.

Question 58

What did D argue in Jones v Tower Boot Co?

Answer 58

The employees were not in the course of employment for racial harassment, they were in a course of employment for making boots.

Question 59

Why did the court use the purposive approach in Jones v Tower Boot Co?

Answer 59

They looked at parliament’s intention which was to eliminate discrimination.

Question 60

What was the verdict in Jones v Tower Boot Co?

Answer 60

D was found liable

Question 61

What is the second case used for the Purposive Approach?

Answer 61

R v Registrar General ex parte Smith

Question 62

What was D applying for in R v Registrar General ex parte Smith?

Answer 62

Information to obtain birth certificate

Question 63

What Act was being interpreted in R v Registrar General ex parte Smith?

Answer 63

Adoption Act 1976

Question 64

What did the Adoption Act say about supplying the birth certificate?

Answer 64

“Shall … supply”

Question 65

Why would the words of the Adoption Act be an issue in the case of R v Registrar General ex parte Smith?

Answer 65

He may be hostile towards his natural mother due to being a two time convicted murderer.

Question 66

What did the court say was Parliament’s intention which in the case of R v Registrar General ex parte Smith?

Answer 66

They wanted to promote healthy relationships not serious crime.

Question 67

Did D get his birth certificate in R v Registrar General ex parte Smith?

Answer 67

No as there was a threat to his natural mother.

Question 68

What are the two types of aids to interpretation?

Answer 68

Intrinsic Extrinsic

Question 69

What is an intrinsic aid? Give 3 examples.

Answer 69

Help found inside an act. Short title Definition section Marginal notes

Question 70

What is an extrinsic aid? Give 4 examples.

Answer 70

Help found outside the Act. Dictionaries Hansard Law reform reports The Interpretation Act

Question 71

When using dictionaries as extrinsic aids what does the court ensure?

Answer 71

The dictionary they use is the newest edition closest to the date of the Act.

Question 72

What is Hansard?

Answer 72

An official record of Parliamentary debates, ie. everything said when creating the Act.

Question 73

Why is Hansard useful?

Answer 73

To find out what that minister was intending to achieve by introducing the Act.

Question 74

What did Lord denning say about not using Hansard?

Answer 74

Not to use Hansard would be to grope around in the dark for the meaning of an Act without switching on the light.

Question 75

When did Pepper v Hart say that Hansard should be used?

Answer 75

1. When words of an Act are ambiguous and are likely to lead to an absurdity. 2. There is a statement in Hansard relating to the statute in question. 3. That statement would clear up the ambiguity.

Question 76

Was Lord Mackay for or against using Hansard?

Answer 76

Against because it wastes time and that is costly.

Question 77

Was Lord Bridge for or against using Hansard? And what did he say about it?

Answer 77

For But it should only be used if it is relevant. That is dumb cuz you have to reas it to know it is relevant.

Question 78

What does the Interpretation Act 1978 say about plurals and pronouns?

Answer 78

All words that appear in the singular form will include the plural and the use of the word ‘he’ will also refer to, and include ‘she’