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27 Cards in this Set
- Front
- Back
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What is Statutory Interpretation? |
Magor RDC v Newport Corporation "...the duty of the court is to interpret the words the legislature has used,to fill in the gaps according to Parliaments presumed intention" Viscount Simonds LC |
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What is Statutory Interpretation? |
Johnson V Moreton " 90% of all the cases reaching the House of Lords (Supreme Court) revolve around the issue of Statutory Interpretation" - Lord Hailsham |
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Why is Interpretation necessary? |
Drafting error, use of ambiguous term or that words have changed over time, alternative application of the statute. |
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What are the Intrinsic Aids? |
Long Title (clarifies the purpose of the act) Preamble (establish legislative background and provides purpose of the act) Schedules ( contains detailed provisions and explanations and definitions) Interpretation Section (explains words and phrases in context) |
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Interpretation Section? |
S189 Consumer Credit Act - "credit scale" and "hire purchase" S5 (2) Animal Boarding Establishment Act - defines "animal" as "any dog or cat" |
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Dictionaries? |
- find ordinary meaning of the words used - Vaughan v Vaughan: (H) was imprisoned for molesting ex wife, withing the case the definition of molest was found to be "to cause trouble, vex, annoy or put to inconvenience"...this was enough to cover his actions. |
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Explanatory Notes? |
- published at the same time as the act to highlight the scope and the basic operation of the provisions l - Westminster CC v National Asylum Support Service: Counsel advanced an argument based on the notes published in accordance with the Immigration and Asylum Act 1999 - they help to set out the context of the provisions and thus determine intentions |
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White Papers? |
- Firm proposals for new law following the consultation stage (via green papers) R v Offen Lord Woolf - an offender who doesn't pose a significant risk to the public is an "exceptional circumstance" and therefore should allow the court to impose a lesser sentence other than the mandatory life sentence for a second "serious" offence. - R v Offen Lord Woolf - an offender who doesn't pose a significant risk to the public is an "exceptional circumstance" and therefore should allow the court to impose a lesser sentence other than the mandatory life sentence for a second "serious" offence.- the white paper (protecting the public) made Parliaments intentions clear during the enactment of the Crime (sentences) act. - the white paper (protecting the public) made Parliaments intentions clear during the enactment of the Crime (sentences) act.
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Previous Act (same topic) |
Definitions if words and phrases from one statute can be applied to another. - R v Wheatley A man (D) was found with a pipe filled with sodium chlorate and sugar and was charged under the Explosive Substances Act. He argued that the effects of the device were pyrotechnic and not Explosive. Words do not always mean the same in all acts: - criminal justice act (a child is anyone u14) - access to health records act (a child is an individual yet to attain the age of 16 y.o) |
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Official Law Reform Agency Reports |
These are considered because they can contribute to the passing of legislation. - DPP v Bull Bull was a male prostitute charged under s1 (1) Street Offences Act however the definition of "common prostitute" was found to only apply to females. The wolfenden report channel was written and therefore only applied to women. |
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Hansard? |
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Literal Rule? |
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Golden Rule? |
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Purposive Approach |
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Mischief Rule? |
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Precedent? |
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Interpretation Act 1978 |
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Ejusdem Generis Rule |
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Expressio unius est exclusio alterius |
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Nocistur a sociis |
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Uphold Common Law |
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Against criminal liability unless mens rea is shown |
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Parliament has not changed the law retrospectively |
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Crown is not bound by statute |
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Judges read all legislation in line with ECHR and HRA1998 |
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Acts are to have effect in the UK |
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Broad Principles (x6) |
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