Statutory interpretation

Question 1

What is statutory interpretation?

Answer 1

When judges try of interpret the wording of the act when trying to apply the law.

Question 2

Why do statutes need to be interpreted?

Answer 2

1. Mistakes- by people who write them up.
   (Fisher V Bell)
2. Words can change meaning over time.
   (Cheeseman V DPP)
3. Circumstances can change so words no longer appropriate.
   (Royal College of nursing V DHSS)
4. Act may use broad terms instead of a specific word.
   ( Brock V DPP)

Question 3

What are the four main rules?

Answer 3

1. Literal
2. Golden
3. Mischief
4. Purposive

Question 4

What is the literal rule?

Answer 4

Judges take the ordinary and natural meaning of the word, respects parliamentary sovereignty and creates consistency.

Question 5

What happened in Fisher and Bell?

Answer 5

Restriction of offensive weapons act passed to stop sale/ use of flick knives, D had a flick knife for sale in window. A shop display is not an offer for sale but invitation to treat.
- He was acquitted but went against what the act wanted so absurd result.

Question 6

What is the golden rule?

Answer 6

Extension of the literal rule when it gives an absurd result then judge can alter the words to produce desired outcome.

Question 7

What are the two types of golden rule?

Answer 7

1. Narrow rule- when word has several meanings pick the meaning which makes sense.
2. Wide rule- judge understands the meaning but doesn’t use it as creates an absurd result.

Question 8

What happened in Allen?

Answer 8

Offence to marry when already married. Marry had 2 meanings.
A) Legally married
B) Ceremony
- Used first meaning and found him guilty.
(Narrow rule)

Question 9

What happened in Re Sigworth?

Answer 9

Property of dead person goes to next of kin, he killed his mother.
- Didn’t want property to go to him so he used the wide approach so this didn’t happen.

Question 10

What should a judge consider when using mischief rule?

Answer 10

1. What was common law before the act?
2. What was the problem with that law?
3. What remedy were parliament trying to provide?

Question 11

What does the mischief rule allow?

Answer 11

• Rule was created in Heydon’s case and gives the judge the most flexibility when deciding what parliament wanted to stop.
• They can ignore the wording of the act to fin result they want.

Question 12

What happened in Smith and Hughes?

Answer 12

Offence for prostitutes to loiter in streets or public places, the prostitutes were in windows.
- Guilty as the point of the act was to stop prostitutes harassing people which they still were.
(Mischief)

Question 13

What is the purposive approach?

Answer 13

• Looks for the ‘purpose’ of an act.
• Don’t just look back at what the act wanted to put right, but look at what parliament wanted to achieve.
• When using this the judge will usually look outside of the act to find parliament’s true intentions.
  (R V Registrar-General)

Question 14

What are aids to interpretation?

Answer 14

Help the judge find out what the statute means, helps them further understand the law.

Question 15

What are the three latin rules of language?

Answer 15

1. Edjusdem generis
2. Expressio unius exlusio alterius
3. Noscitur a sociis

Question 16

What is edjusdem generis?

Answer 16

States that general words that follow specific words are to be of the same type. At least 2 examples.

Question 17

What is expressio unius exclusio alterius?

Answer 17

If the statute specifically states a certain type other similar things are not to be included.

Question 18

What does noscitur a sociis mean?

Answer 18

Words draw meaning from the words around them. Its known by the company it keeps.

Question 19

What are intrinsic aids?

Answer 19

They are aids which are found inside the act itself to further offer help.

Question 20

Examples of intrinsic aids?

Answer 20

1. Long title- sets out purpose.
2. Preamble- statement which sets out its purpose.
3. Marginal notes- explains different sections.
4. Schedules- detailed explanations at the end.
5. Interpretation sections- explain key words.

Question 21

What are extrinsic aids?

Answer 21

Sources of help which are from outside of the act.

Question 22

Example of extrinsic aids?

Answer 22

1. Hansard- written record of everything that is discussed in parliament.
2. Explanatory notes- from when the act is passed, gives details on the law.
3. Dictionaries- from the time the act was passed.
4. Previous law- use cases from the past to help interpret.