1. Settler:
Remember the Easter Egg Act? What problems with
the words of the Act can you spot?
Chocolate Easter Egg (Selling and Manufacture) Act 2012
This is an Act to provide for the regulation of the selling of chocolate Easter eggs during the winter
months and limit the manufacture and selling of such products until the Spring.
s.1 This Act applies to all chocolate Easter eggs which are sold as units between December and
Spring.
Other chocolate products.
s.2(1) If it appears to the Secretary of State for Chocolate that any other chocolate Easter related
products other than that specified in s.1 are being sold outside of reasonable time period, he may
make an order under this section, which will have the effect of bringing the product under the
Act.
s.2(2) In making the order, the Secretary must have regard to representations from such people as
amount to a significant interest group, as well as those having to do with the manufacture of
cocoa products.
s.2(3)No order can be made under this section unless a draft has been laid before and approved
by a resolution of both Houses.
Highlight any words you think might cause problems.
Can you define that word to clear up any confusion?

2. Why are words such a problem?
Well, words
often mean more
than one thing...
And sometimes
Student Task:
the context of
Below are three of the most common
the Act doesn‟t words in the English Language. How many
help. official meanings do they have each?
Set Take Run

3. It can’t be that much of a problem surely?
Sexual Offences Act
2003 s68(1)(a) R v Bassett
D drilled a hole in the changing room at some
Contains the offence swimming pools and filmed men undressing (it was at a
height to see their chests)
of ‘voyerism’:
He was convicted at first instance and appealed.
a private act which involved
parts of the body for which
people would normally expect
What is meant by the word
privacy, as defined by s ‘breasts’?
68(1)(a), and:
“The person‟s genitals,
buttocks or breasts are
exposed or covered only with
underwear”

4. Introductory Case Study:
Teacakes, Jaffa Cakes & Pringles
Under the law, you don’t pay VAT on cakes, snacks or normal biscuits, but you do on
chocolate covered biscuits and potato snacks
So, do you pay VAT on these?
In your groups... Complete the sheet in front of you... By the end you should have
decided whether or not each of these is a chocolate biscuit, or a cake and why!

5. What about Pringles?
You don’t pay tax on most snack food...
but you do on ‘potato snacks’ which are
defined as:
"potato crisps, potato sticks, potato puffs
and similar products made from the
potato, or from potato flour, or from potato
starch”
HMRC v Proctor & Gamble 2009
Are they potatoey enough to be a crisp?
Pringles are 43% potato Made
from
Unnatural shape dough
Packaging Regular
shape

6. This is really all about how we work out what words mean...
Has the law been broken in each one of the following situations...
.
Employee Vehicle
Can a paper boy sue for Can a bicycle be a „carriage‟
unfair dismissal after the or vehicle under the
time he would do the round Licensing Act 1872, and so
was moved and he refused it is an offence to be
to move, and was sacked? drunk on one?
Building Ship
Cremations must take Can a „wave runner‟ be a
place in a building. Can ship for the purposes
that include a place of the Merchant
without a roof or a place Shipping Act 1995., if
with no walls, but a it crashes into another,
roof? seriously injuring them.

7. How do we work out what the statute means?
The judges use one of Approach Rule
two approaches and three
rules to work out what Literal
the statute means.
Literal
Golden
Mischief
Purposive
Purposive
Always start with literal... except EU law.

8. Rule One:
Literal Rule
“ordinary, natural meaning even if it leads to absurdity”
“If the words of an act are
Whiteley v Chappell 1868
clear, you must follow them, even
though they lead to a manifest
absurdity.”
It is an offence to
Lord Esher 1892
“impersonate a person
entitled to vote”
Judges can
use the OED D was acquitted.
Student thinking
 Why?
 Do you think that this interpretation
reflects Parliament‟s intentions in passing
the act? Why?

9. Rule Two:
Golden Rule
This is an extension of the literal rule, and kicks in if the literal rule leads to absurdity.
Narrow Version Broad Version
Substitute another meaning of the  The meaning is clear, but the
same word. outcome would be repugnant
 A reasonable meaning, which gives  Judge „reads in‟ a clause to give
effect to Parliament‟s intentions. effect to the presumed intent of
Parliament
R v Allen 1872 Re: Sigsworth 1935

10. Rule Three:
Mischief Rule
The judge looks at the mischief the statute was intended to remedy, and
gives effect to it.
This focuses on the intentions of Parliament, rather than the Example:
precise words Smith v Hughes
1960
Thinking:
Why might we need the mischief rule?
How does it work?
Hayden’s Case 1584
What was the common law before the Act?
What was the problem or mischief that the statute was trying Solicit in a street
to remedy? for the purposes
of prostitution
What remedy was Parliament trying to provide?
What was the true reason for the remedy?

11. Finally...
The purposive approach
This aims to produce decisions which put into
practice the „spirit‟ of the law.
European Communities
Act 1972
Must give effect to
R v Rogers 2007 European Law, so should use
their methods!
“racially abusive or insulting
words or behaviour with the
intent to cause fear or violence...
aimed a a specific group.” Thinking:
Should we just use this
What is the problem?
approach for all decisions?
Would they have had the same problem
if he had called them „bloody Spaniards”

12. So how do the courts actually do all this?
Different judges, different rules, different cases...
Denning LJ: Look at the words and interpret them in
“We do not sit here to pull the language context, to give effect to the underlying
of Parliament to pieces & make
nonsense of it…we sit here to find out
statute.
the intention of Parliament & carry it
out, & we do this better by filling the
gaps… than opening it up to destructive
analysis”
R v Register General (ex
parte Smith) 1990
Who’s right? At the age of 18, an adopted child may
apply for a copy of his birth certificate.
Simmonds LJ:
Filling in the gaps is “a naked usurpation
of the judicial function, under the guise What‟s the problem?
of interpretation… If a gap is disclosed,
the remedy lies in an amending Act.”
Why couldn‟t the law just apply the clear
meaning of the law

13. Plenary:
How well have you understood what you’ve
learnt this lesson?
A Consider whether the current approach to SI
gives too much power to the judges.
B Describe the impact of membership of the EU
on statutory interpretation
C Describe the difference between the broad
and narrow approaches in the golden rule.
D Explain what is meant by the literal rule
E Identify one word which has caused problems
for the court and explain why

14. Starter:
Can you complete the Dominoes?

15. Intro:
Can you apply your knowledge?
Example...
Student Task:
Over the next few
slides, you will see a
number of cases.
You need to look at the facts
and the outcome and decide
which rule was applied by the
courts and why.
*link to assessment... You need lots of examples*

16. LNER v Berriman 1946
The claimant was the wife of a man who died
while cleaning and oiling the railway track.
Under the Railway Employment (Prevention of
Accidents) Act 1920, she could claim damages
for a breach if he was “repairing or relaying”
the line
 She was not able to claim

17. R v Bentham 2005
• Bentham broke into his ex-employer’s house,
and put his finger in his pocket, to give the
impression that he had a gun.
• He was charged with possession of an
imitation firearm in the course of a robbery
under s.17(2) Firearms Act 1968
• He was found not guilty.

18. Fisher v Bell 1960
• D had a flick knife displayed in the window of
his shop.
• Under the Restriction of Offensive Weapons
Act 1959, it was an offence to offer for sale a
flick knife.
• He was found not guilty of the offence.

19. Adler v George
• D entered an RAF base and blocked members
of the RAF on the airfield.
• Under Official Secrets Act 1920, it was an
offence to “obstruct members of HM forces
within the vicinity of any prohibited place”
• He was found guilty of the offence.

20. Corkery v Carpenter 1951
• D was arrested on a highway on a bike whilst
drunk.
• Under the Licensing Act 1872, it was an
offence to be “drunk in charge of carriage.”
• He was found guilty.

21. Royal College of Nursing v DHSS 1981
 The claimants were nurses, who wanted to know
whether they could administer stages of abortion
and whether they were a ‘registered medical
practicioner’.
 Under the Abortion Act 1967, it was only legal for
regsisterd medical practioners to give the drugs.
 The HL ruled that nurses were ‘RMP’s. (But the CA was a whole
different ball game!)

22. R v Z (2005)
• D was a member of the Real IRA
• Schedule 2 of the Terrorism Act 2000 listed
the IRA as one of the prohibited groups ,
whilst the real IRA is not specifically
mentioned.
• D’s conviction was upheld.

23. R v Harris 1836
• D bit off a woman’s nose.
• Under the Act, it was an offence to “stab, cut
or wound” someone
• D was found not guilty.

24. DPP v Bull
• D was a male prostitute.
• He was charged under s.1(1) of the Street
Offences Act 1959 which makes it an offence
for a 'common prostitute to loiter or solicit in
a public street or public place for the purposes
of prostitution'.
• Having looked at the Wolfenden report, D was
found not guilty.

25. R (Ghai) v Newcastle City Council
(2009)
• D, a hindu, wanted to be cremated on an open
fire, in line with his religious beliefs.
• s.2 Cremation Act 1902 said that a building
was one “filled with appliances for purposes
of burning human remains”
• D won his judicial review.

26. R v Porter 2006
• D had pictures of child pornography on the
computer which had been deleted.
• possessing indecent photographs of children
contrary to section 160(1) Criminal Justice Act
1988
• D was acquitted on appeal

27. R v Maginnis 1987
• D was charged with possession of a controlled
substance. The police had found a packet of
cannabis resin in his car which he said his
friend had left in the car for collection later
• Possession with intent to supply under s.5(3)
Misuse of Drugs Act 1971
• Appeal allowed, and conviction quashed.

28. Time for Evaluation...
You are going to
complete the AO2
section for each one of
the rules.
Warning
You are not allowed to write
anything whilst we are talking
about the advantages and
disadvantages
You can only listen & discuss!

29. So, does the literal rule work?
It assumes “unattainable perfection in Provides no scope for judges to use their own
draftsmanship Law Commission opinions or prejudices
Denning argues that though it was popular in It respects the separation of powers and the
the 19th Century, it is still wrong in principle. supremacy of Parliament.
Can lead to an absurd result, which does not Creates certainty in the law
enact the will of Parliament
Encourages the draftsmen to be accurate and
Words can (and do) shift meaning over time. precise in their law writing.
Creates loopholes in the law Reduces litigation
Words can have more than one meaning!
Creates awkward precedents which require Remember to select three
Parliamentary time to correct
of your own
Challenge: use a case to illustrate at least
one point

30. What about the golden?!
Law Commission 1969 – no clear definition of It allows the judge to avoid absurdities.
what an absurd result it, or when the Golden
rule should be used. It is not as extreme as the other rules, and
still tries to respect the supremacy of
It gives excessive powers to judges, Judges are Parliament.
able to add or change the meaning of statutes
and thereby become law makers infringing Errors in drafting can be corrected
the separation of powers immediately
It is nothing more than the mischief in Closes loopholes
disguise.
Decisions are generally more in line with
Different judges will identify different Parliament's intention
absurdities
Often gives a more just result
Judges have no power to intervene for pure
injustice where there is no absurdity Remember to select three of your
own
Challenge: use a case to illustrate at least one point

31. ...And the mischief?
Creates a crime after the event It is the most flexible of the rules
It can help avoid absurdity and injustice
Gives judges a law making role infringing
the separation of powers. Law Commission 1969 “a rather more
satisfactory approach that the other two.”
Judges can bring their own views, sense
of morality and prejudices to a case It is nearer to the European model of
interpretation
It goes against Parliamentary supremacy
It allows judges to use their professional
training.
Allows the law to develop and adapt to
changing needs
Remember to select three of your
own
Challenge: use a case to illustrate at least one point

32. Evaluating the purposive.
Remember to select three of your
own
Challenge: use a case to illustrate at least one point

33. Consolidating through consequences!
Intro Define the rule
You are going to
Section
produce a ci or a
Add a bit more detail about the rule
one:
e.g. When it is used, what can be used
style question. with it etc, does it respect parliament
etc.
15 marks... Description... Section Case, facts and application
Detail... Use of source. two:
Section Case, facts and application
“Describe the what is three:
meant by the Section Case, facts and application
literal/golden/mischief/pu four:
rposive rule using the
Section Link to the source
source, and your own five:
knowledge.”
Conclusion
Now write it up!

34. Plenary:
Name the case!
1. Nobody nose where it’s gone!
2. Mummy... Who are you?
3. Old people and foreigners.
4. I want the money... I did kill for it!
5. Do you take Bess (Julie, Georgina, Lou) to be your wife?
6. Choo, choo! Smack. No money
7. Is that a banana or are you really pleased to see me?
8. Dead man... voting
9. Are you sure I can buy it?
10. It’s not a job for men, is it?

35. What’s wrong with the following
paragraph?
The literal rule says that the judge should apply the words of the act unless they lead
The literal rule says that the judge should apply the words of the act even if they lead
to absurdity. This respects the supremacy of Parliament and is quick and easy to apply.
to absurdity. This respects the supremacy of Parliament and is quick and easy to apply.
It is illustrated by the case of Whiteley v Bell, where because D was dead he had not
It is illustrated by the case of Whiteley v Chappell, where because the person he was
committed an offence.
impersonating was dead he had not committed an offence.
The silver rule is an alternative approach to the literal rule. There are two approaches
The golden rule is an alternative approach to the literal rule. There are two approaches
here. The first is to use another unreasonable meaning, such as the different meaning
here. The first is to use another unreasonable meaning, such as the different meaning
of the word wedding in R v Allen. The second gives the judge more freedom and allows
of the word marry in R v Allen. The second gives the judge more freedom and allows
them to read in a clause to avoid a repugnant result. One example of this is the case of
them to read in a clause to avoid a repugnant result. One example of this is the case of
Re: Sigsworth, who was trying to get a hold of his birth certificate even though he
Re: Sigsworth, who had killed his mother and stood to inherit her estate.
wanted to kill his mum.
The third traditional rule is the mischief rule, which is also the oldest. This lets the
The third traditional rule is the mischief rule, which is also the most recent one. This
judge move away from the words of the act, and look more at the intentions and
lets the judge move away from the words of the act, and look more at the intentions
remedy intended by Parliament. This is illustrated in Smith v Hughes, where D was held
and remedy intended by Parliament. This is illustrated in Jones v Hughes, where D was
liable despite the fact she was at a window, not on the street.
held not to be a prostitute as he was a man.

36. Introduction
What can the judge use to help them work
out the meaning?
Look at the following section of the Human Organ Transplant Act. What
There are three sets of aids: words or phrases do you think might cause problems for the court?
Presumptions
Intrinsic
Extrinsic

37. Aid One: Meaning:
Presumptions
These are things we
assume to be true
Common law is not changed unless R v Shivpuri
the Act expressly says so. Criminal Attempts Act 1981
s. 1(3)
Queen isn’t bound Human Rights Act 1998
Criminal Offence requires an mens B v DPP 2000
rea Sweet v Parsley 1970
The Law should not act Human Rights Act 1998
retrospectively War Crimes Act 1991

38. Rules of Language
These are all about lists...
Can you apply the rules without knowing what they are?
This Act covers jeans,
Does it include
trousers, and other
leggings?
clothes.
This Act covers coffee Does it include
and tea. hot chocolate?
The Act is called the
Regulation of Air Does it include a
Travel Act car?
The section refers to
vehicles.

39. The actual rules of language
...it’s all Latin to me!
Ejusdem Generis General words which follow specific ones are taken to
include only things of the same kind. E.g. Dogs, cats &
other animals
Powell v Kempton Park Racecourse 1899
Expressio Unius Express mention of one thing implies the exclusion of
Est Exclusio others. e.g. Alsatian dogs
Alterius
R v Harris 1836
Noscitur A Sociis A word draws its meaning from the other words or
phrases around it. E.g. kittens, cats and food
Muir v Keay (1875)

40. Practicing what you‟ve learnt
Applying the Law
Source A Consider all three rules of language and explain
The courts may also choose to look at other (using cases to illustrate) which rule is likely to
words in the statute to ascertain the meaning be applied to each situation:
of specific words. To enable them to do this
they have developed a number of rules of
language to help make the meaning of words 1. An act uses the phrase “hamsters, dogs ,
and phrases clear. There are three main rules cats and other animals” and the animal in
of language. The first is Ejusdem generis. There question is a tiger
is also Expressio unius est exclusio alterius -
where there is a list of words which is not Decision Reason And.. AORP
followed by general words, then the Act Illustration...
applies only to the items in the list and
Noscitur a sociis which means the words must
be looked at in the context and interpreted
accordingly. This involves considering other
words in the same section or other sections of 2. An act states that it specifically applied to
the Act. “hamsters, dogs and cats” and the animal
in question is a tiger
Adapted from open.ac.uk
3. An act mentions tigers, cages and food”
and the food in question is domestic cat
food.

41. Aid Two:
Intrinsic Aids
Some examples from the Human Organ
Definition Transplant Act 1989
sections
Headings
Long (& short)
title e.g. RCN v
DHSS
Schedules e.g.
RvZ
Other sections
of the Act
e.g. B v DPP
Draftsmen/side
notes

42. Extension: Student Tasks:
1. Look at the following situations...
Remember the Human James is given a
James texts all his James’ grandfather
Organ Transplant Act kidney by Susan. In
friends asking
them if they want
donates his kidney
to James, who pays
1989? return, he hands
to make some for his medical
over the keys to his
money by donating expenses for the
house.
a kidney. donation.
Using the Human Organ
Transplant Act 1989, a) Have they broken the law?
answer the following
questions... b) What other sections of the Act did you
find useful in working out the
answers?
Linking the Law Together...
Can you spot the delegated legislation in
the Act?

43. Aid Three:
Extrinsic Aids
Which rules are these the most use for?
Explanatory Notes from 1999
Concessionary Bus Travel Act 2007
Similar Acts of Parliament or the
common law
R v Z 2005
Interpretation Act 1978
Law Commission or Royal Commission
Reports (if the Act was based on
them)
Coroners and Justice Act 2009

44. Hansard:
A Particular Extrinsic Aid
Pepper v Hart 1993 Davis v Johnson 1979
Rules:
1. The word must be ambiguous
2. They can only look at the statements
made by the minister or the
promoter of the bill
3. They may only use the statements if
they are clear
http://www.parliament.uk/business/publications/hansard/

45. Should we use Hansard?
As you can see, there has been a lot of debate about the use of
Hansard at all in court: is it a step too far?
What are the arguments for and against the use
of Hansard as an external aid?

46. Finally:
Can you apply all that you
The Christmas Day have learnt?
Act 2010 Apply the law to the following scenarios, using the
This is an act to encourage the rules or aids to interpretation
celebration of Christmas as a
national holiday and time of charity 1. Bob owns a very large house with a long, windy
drive. He has placed a wreath at the gate at the
top of the drive.
This Act provides that:
2. The Smiths decide to purchase a holly bush to
1. Christmas shall only be celebrated in celebrate Christmas
the month of December
2. Every household shall buy a tree, 3. Louise has decided to paint the noses of the
wreath or other greenery. deer in the local park red for Christmas
3. Every household shall display a
wreath at the entrance to their 4. Carol does some research and discovers that
house Jesus was born in March. She decides to
4. All deer shall be given a red nose for celebrate Christmas then.
the occasion.
5. All adults shall be entitled to a free 5. James does not like mince pies and takes a
mince pie, christmas cake or food in turkey as his free food.
celebration
6. Breach of the sections will result in 6. Pick two cards from the act which you think will
a summary conviction punishable by a cause problems, and come up with a better
maximum of £200 fine. definition!

47. Did you listen and learn?

48. Starter:
Can you finish the Crossword?
Don‟t worry about mistakes... It‟s not one of mine!

49. Extended Introduction
Group work time!
On your table is one area of statutory
interpretation.
Using your own understanding of the
area, and the cases, you are going to
produce an A5 revision sheet, which will
be shared with the rest of the class.
You need to ensure that you have
included relevant cases, definitions and
evaluation.
The form it takes is up to you!
e.g. Grid, brainstorm etc.

50. Have you got the skills?
Feedback on SOL
The outcome of this essay will also
responses on
need to go on your monitoring
Precedent.
sheet
A and B were timed
Ci and Cii were written for homework.
Before I give you the grade breakdown,
look and read the comments on your
work...
What can you do to improve?
You have been given a range of
suggestions... What is your first focus?
Decide on this and then write it on the
post it.
Finally... Your target grade at the top of the
page... You need to update it for February.

51. Answering a past question
Can you work out what
the questions will cover,
using the source?
A
B
Ci
Cii

52. Rate your confidence with each one of the questions
just now...
a) Source B refers to Lord Denning‟s dissatisfaction with the ban on
the use of the external aid Hansard prior to 1993.
Explain what Hansard is and the circumstances in which courts may
make a reference to it. [12]
b) Read Source A lines 4-8. Using your knowledge of statutory
interpretation consider whether any of the following „sells or hires
or offers for sale or hire or gives to any other person – any knife
which has a blade which opens automatically by hand pressure
applied to a button, spring or other device in or attached to the
handle of the knife‟ and therefore commits an offence under s1(1) of
the Restriction of Offensive Weapons Act 1959:
i. Jane, a youth worker, confiscates a flick knife from a
member of her youth club and gives it to her supervisor. [5]
ii. Tony, an antique dealer, displays an old military knife with a
spring opening device in his shop window with a price ticket
attached to it. [5]
iii. Fola buys a „job lot‟ box of kitchen utensils from a car boot
sale. Without examining the contents closely she donates the
box to a charity shop. The box is found to contain a flick
knife. [5]
(c) (i) Explain the literal rule of statutory interpretation using case
examples and with reference to Source A.
(c)(ii) Using the sources and other cases discuss the advantages and
disadvantages of this approach to statutory interpretation.

53. Intro:
Main Area/ Point/ Means Example or origin Explanation
Subheading
Conclusion

54. Introduction
Main Point Because Illustration/ And However
Conclusion

55. Decision Why/because And… AORP
Decision Why/because And… AORP
Decision Why/because And… AORP

56. Intro:
Main Area/ Point/ Means Example or origin Explanation
Subheading
Conclusion

57. Now we’ve planned them all... How is your
confidence?
a) Source B refers to Lord Denning‟s dissatisfaction with the ban on
the use of the external aid Hansard prior to 1993.
Explain what Hansard is and the circumstances in which courts may
make a reference to it. [12]
b) Read Source A lines 4-8. Using your knowledge of statutory
interpretation consider whether any of the following „sells or hires
or offers for sale or hire or gives to any other person – any knife
which has a blade which opens automatically by hand pressure
applied to a button, spring or other device in or attached to the
handle of the knife‟ and therefore commits an offence under s1(1) of
the Restriction of Offensive Weapons Act 1959:
i. Jane, a youth worker, confiscates a flick knife from a
member of her youth club and gives it to her supervisor. [5]
ii. Tony, an antique dealer, displays an old military knife with a
spring opening device in his shop window with a price ticket
attached to it. [5]
iii. Fola buys a „job lot‟ box of kitchen utensils from a car boot
sale. Without examining the contents closely she donates the
box to a charity shop. The box is found to contain a flick
knife. [5]
(c) (i) Explain the literal rule of statutory interpretation using case
examples and with reference to Source A.
(c)(ii) Using the sources and other cases discuss the advantages and
disadvantages of this approach to statutory interpretation.

58. Homework
Write up your responses to the prior paper.
Due without fail in your last lesson next
week.