Law presentation: Summarry of Stat. Int

Statutory Statutory InterpretatInterpretat

ionion

Applying the rules Applying the rules ……

Learning Outcomes …Learning Outcomes …➔Identify and explain with cases the Identify and explain with cases the rules of Statutory Interpretationrules of Statutory Interpretation➔Demonstrate the use of Statutory Demonstrate the use of Statutory Interpretation to the “The House Number Interpretation to the “The House Number Act”Act”➔Assess the sections of the Act, Assess the sections of the Act, suggesting areas of improvementssuggesting areas of improvements

➔Redraft “The House Number Act”Redraft “The House Number Act”

Getting into teamsGetting into teams

1.1. Katy S, Daria, Katy S, Daria, Adaam & TomAdaam & Tom

2.2. Vicky, Kirsten, Vicky, Kirsten, Ainsley & KieranAinsley & Kieran

3.3. Katie W, Katie W, Charlotte, Connor Charlotte, Connor & Laura H& Laura H

44 Sarah, Majid, Sarah, Majid, Jenni & EthanJenni & Ethan

55 Josh, Anham, Josh, Anham, Lucy, Johannah & Lucy, Johannah & SaniaSania

Task 1 – Identifying and explaining Task 1 – Identifying and explaining the rulesthe rules

In your teams, read In your teams, read the statements on the statements on the cards. the cards.

Link the pink cards Link the pink cards with the cream with the cream cards. cards.

Then add a blue Then add a blue card and construct card and construct a definition.a definition.

10 min

Definition

The Literal Rule

This rule says that words should be given their plain

ordinary, everyday grammatical meaning

Whiteley v ChappelCheeseman v DPP

R v Bentham

The Golden Rule

This rule is usually used when a word has 2 or more

meanings and judges take the least absurd meaning to create a better result

R v SigsworthAdler v George

R v Allen

The Mischief Rule

This is the rule known as the rule in ‘Heydon’s Case’,

where judges can look beyond a word of an Act to

find Parliament’s intention

DPP v BullSmith v Hughes

Royal College of Nursing v DHSS

The Purposive Approach

This rule allows a judge to add or ignore words in an Act to help them give a

decision that supports, in their view why the Act was created

R v Registrar General ex parte SmithR v Morris

Task 2 – Applying the law …Task 2 – Applying the law …

On page 3 of your work-pack, there On page 3 of your work-pack, there is a hypothetical Act of Parliament is a hypothetical Act of Parliament called “The House Number Act 2010”called “The House Number Act 2010”

In groups, your next task is on the In groups, your next task is on the top of page 4, please read and start top of page 4, please read and start the taskthe task

15 minutes

Scenarios Scenarios ……

11 Mr & Mrs Smith live in Mr & Mrs Smith live in an upmarket area where an upmarket area where the houses only have the houses only have names. Their house is names. Their house is called “The Larches” called “The Larches” and has no numberand has no number

22 Miss Patel has a brand Miss Patel has a brand new all-glass door. Her new all-glass door. Her number is screwed on to number is screwed on to the garden gate the garden gate

33 Mr Mourinho lives in a Mr Mourinho lives in a flat over a chemist shop, flat over a chemist shop, but has his own door at but has his own door at the back of the shop, the back of the shop, which has no number which has no number

4.4. Ms Cain lives with her Ms Cain lives with her partner in a cottage. They partner in a cottage. They have a large plaque that have a large plaque that they had ordered from the they had ordered from the garden centre. It has a garden centre. It has a beehive in the centre, and beehive in the centre, and the words ‘Honey Cottage’ the words ‘Honey Cottage’ written across the top, and written across the top, and the words ‘TWENTY SEVEN’ the words ‘TWENTY SEVEN’ written along the bottom. It written along the bottom. It is screwed to the wall next is screwed to the wall next to the doorto the door

5.5. Miss Apple-Ford is very Miss Apple-Ford is very artistic and has painted her artistic and has painted her door dark green. Above the door dark green. Above the knocker she has painted a knocker she has painted a white oval, upon which the white oval, upon which the number of the house is number of the house is painted in dark green painted in dark green

FeedbackFeedback

Team 5 – Team 5 – feedback feedback scenario 1scenario 1

Team 4 – Team 4 – feedback feedback scenario 2scenario 2

Team 3 – feedback Team 3 – feedback scenario 3scenario 3

Team 2 – feedback Team 2 – feedback scenario 4scenario 4

Team 1 – feedback Team 1 – feedback scenario 5scenario 5

Team 5 – Feedback – Team 5 – Feedback – Scenario 1Scenario 1

Team 4 – Feedback – Team 4 – Feedback – Scenario 2Scenario 2

Team 3 – Feedback – Team 3 – Feedback – Scenario 3Scenario 3

Team 2 – Feedback – Team 2 – Feedback – Scenario 4Scenario 4

Team 1 – Feedback – Team 1 – Feedback – Scenario 5Scenario 5

Task 3 – Assessing & modifying Task 3 – Assessing & modifying the law …the law …

On page 7 of your work-pack, On page 7 of your work-pack, taking on the feedback of the taking on the feedback of the scenarios, list 3 problems or scenarios, list 3 problems or potential problems with the Actpotential problems with the Act

3 minutes

What ambiguities are there, What ambiguities are there, and what changes could be and what changes could be

made?made?

Re-visiting the Learning Re-visiting the Learning Outcomes …Outcomes …Can you...?Can you...?

➔Identify and explain with cases the Identify and explain with cases the rules of Statutory Interpretationrules of Statutory Interpretation➔Demonstrate the use of Statutory Demonstrate the use of Statutory Interpretation to the “The House Number Interpretation to the “The House Number Act”Act”➔Assess the sections of the Act, Assess the sections of the Act, suggesting areas of improvementssuggesting areas of improvements

Now …Now …➔Redraft “The House Number Act”Redraft “The House Number Act”

Task 4 – Task 4 – in in your teams, your teams, taking on taking on the the feedback feedback and ideas, and ideas, re-draft The re-draft The House House Number Act Number Act 20112011

Page 8 & 9 Page 8 & 9 – work-pack– work-pack

The House

Number (Amende

d) Act 2011

10 minutes

Team 3 – Present your new Team 3 – Present your new version of the Actversion of the Act

Team 1 – Present your new Team 1 – Present your new version of the Actversion of the Act

Team 5 – Present your new Team 5 – Present your new version of the Actversion of the Act

Team 2 – Present your new Team 2 – Present your new version of the Actversion of the Act

Team 4 – Present your new Team 4 – Present your new version of the Actversion of the Act

Re-visiting the Learning Re-visiting the Learning Outcomes …Outcomes …Can you...?Can you...?

➔Identify and explain with cases the Identify and explain with cases the rules of Statutory Interpretationrules of Statutory Interpretation➔Demonstrate the use of Statutory Demonstrate the use of Statutory Interpretation to the “The House Number Interpretation to the “The House Number Act”Act”➔Assess the sections of the Act, Assess the sections of the Act, suggesting areas of improvementssuggesting areas of improvements

➔Redraft “The House Number Act”Redraft “The House Number Act”