• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Statutory Interpretation

Extracts from this document...

Introduction

3LS Assignment Statutory Interpretation 2711651 1st YEAR Word count: 951 There are always arguments in court which are about the interpretation of a text and judges have to decide what the right interpretation is. Therefore, everyone should be agreed on this fact the interpretation is a key part of legal practice, whether in common law countries or not. It is an offence to wear yellow stockings in a public place A) In the first scenario, Beatrice was using yellow stockings as a scarf, wrapping them round her neck, in the High Street. While judge will try to interpret this scenario he might required to give the clear definition of the term 'public place'. The legal meaning of public place is given in the Criminal justice Act 1988 section 139(7) and his act provided that "public place" includes any highway other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise. This is considered as intrinsic aids to interpretation. Therefore, high street is undoubtedly a public place. ...read more.

Middle

As the example for interpreting this scenario judge might look into R v Judge of the City of London Court [1892]. C) Moreover, in this scenario Beatrice was wearing yellow stockings whilst in the Keyworth Building of LSBU. While judge will try to give an interpretation to this instance he/she need give an clear meaning of the term 'public place'. The word 'public place' is given its legal meaning in the Criminal justice Act 1988 subsection 139(7). If judge adopt literal rule for interpreting whether offence is not committed or not then judge should reached at the decision that Beatrice hadn't committed an offence. LSBU's Keyworth building is not a public place because entrance is restricted for public and only students, staffs, teacher and other relevant authorities are allowed to entry at Keyworth building. Therefore, the court could reached at this decision that she didn't commit any offence when adopting applying literal rule (R v Judge of the City of London Court [1892]). D) Public place has its own legal meaning and which is stated in Criminal Justice act 1988 subsection 139(7). ...read more.

Conclusion

Therefore, on the religion ground court might reached the decision that Beatrice did not commit any offence. F) In this scenario, Beatrice was wearing yellow stockings underneath trousers in public place. If judge may apply literal rule to interpret this then Beatrice did not commit any offence. Because she was wearing the stockings underneath the trouser. G) Beatrice, who is blind was wearing yellow stockings in public place. If judge apply literal rule here then Beatrice has committed an offence. It is absurd to punish a blind person on the ground of wearing yellow stockings. H) The legal meaning of public place is given in the Criminal justice Act 1988 (opsi). In this statute meaning of all words are clear and natural. While interpret this statute judge should adopt literal rule and according to this rule Beatrice has not committed any crime. Because words in the statute is clear and states that it is an offence to wear yellow socks, stockings or leggings in a public place. But Beatrice was wearing yellow legwarmer in public place . Therefore, Beatrice did not commit any ofeence. Reference Criminal Justice Act 1988 s 139(7) AHORON BARAK, Purposive interpretation in law( Princeton University Press , 2005 ) 78 The Equality act 2006 46(1)(a) ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Statutory Interpretation

    that the display of the weapon in the shopkeeper's window was not an "offer for sale", it was merely an "invitation to treat". Next is the golden rule; this rule is used where there is an ambiguity (i.e the word has more than one literal meaning).

  2. Statutory Interpretation

    where it was an offence to impersonate "any person entitled to vote" at an election. The defendant was acquitted because he had impersonated a dead person, and the court held that a dead person was not entitled to vote. In Cutter v Eagle Star Insurance Ltd.

  1. Statutory interpretation

    binding precedent, this means a lower court is bound by a higher courts findings and so therefore has to apply or follow the precedent established, this helps to ensure consistency in decisions throughout the court system. A judge could also look at persuasive precedents when making their decision, this type

  2. Statutory interpretation

    The Fatal Accidents Act stated that a lookout should be provided for the purpose of 'relaying or repairing'. As oiling points did not fall into either category Mrs.

  1. Law and Justice

    However, it should be noted that the application of communist leadership can also fail to apply these tenets, due to the inability of the system to compensate for human greed. It is interesting to note the similarities between utilitarianism and economic justice, both of which put the needs of the

  2. Statutory Interpretation

    had been unduly emphasised, so since then a broader view has been taken. Advantages * It does not affect parliamentary sovereignty * Law making is left to elected people Disadvantages * Can lead to an absurd decision * Answer cannot always be found in the statute CASES Whitely v Chappell (1868)

  1. domestic violence -applying the Grenadian statute

    If Gemma was in Barbados she would qualify under this category. It is suggested that the limitation in Grenadian statute is an oversight on the part of the legislatures and one that must be addressed to ensure that there is fast and effect relief for persons who unable to file

  2. Statutory interpretation.

    R v ALLEN [1872]: section 57 of the offence against the person act 1861 stated that whomever being married shall marry any other person during the life of the former husband or wife...shall be guilty of bigamy.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work