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

Statutory Interpretation - This essay will look to discuss the legal issues raised by the facts of this case.

Extracts from this document...


Statutory Interpretation Coursework This essay will look to discuss the legal issues raised by the facts of this case. To prove the defendant is liable for a breech under section 1 of the act it will be demonstrated that the literal rule of statutory interpretation should take precedent and that there has also been a breech of the Sexual Offences Act 1985 (SOA). This is the assumption that the decision of a court should be based upon the laws set by legislature, not for court to alter these words to suit each occasion. In R v Inhabitants of Ramsgate, Bayley, J stated "It is very desirable in all cases to adhere to the words of an Act of Parliament, "1. This was affirmed in judgment of the case R v The Judges of the City of London Court "If the words of an Act are clear you must follow them, ...The court has nothing to do with the question whether the legislature has committed an absurdity"2. ...read more.


If we apply the literal rule of statutory interpretation, Giles would be in breech of s.1 as the section forbids "the making of repeated approaches to women in an area known to be frequented by prostitutes". Giles admits stopping his car to speak to women. If the literal rule is applied, in an area frequented by prostitutes, this would constitute an offence no matter of the nature of the women with whom he was talking. However the defence would argue it inappropriate to convict Giles under the Act. The golden rule, or the mischief rule, are both tools of statutory interpretation which could be invoked. The Golden rule is defined by Parke B, Becke v Smith "adhere to the ordinary meaning of the words ... unless that is at variance with the intention of the legislature ...or leads to any manifest absurdity or repugnance, in which case the language may be varied"5. ...read more.


for the purpose of prostitution; the remedy parliament resolved was this act; and the true reason of the remedy was to detract from prostitution, not to apprehend those looking for directions. It would also be argued that the Act is incompatible with the European Convention on Human Rights; Article 11 s.1 s "Everyone has the right to freedom ...of association with others"7. Restraining one from exercising the right they are afforded by stopping them "making approaches to women" would contravene this as the new act does not discriminate as too what the purpose of these approaches should be. 1 R v Inhabitants of Ramsgate (1827) 6 B&C 712 2 R v The Judges of the City of London Court [1892] 1 QB 273, 290 3 Hill v East and West India Dock Co (1884)9 App Cas 448 4 Sexual Offences Act 1985 s.1 (1) (a) 5 Becke v Smith (1836) 2 M&W 195 6 (1584) 3 Coke Rep 7a 7 European Convention on Human Rights article 7 (s.1) ...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. Jury Essay

    This is called charging the jury. At the end of the jury charge, the case is in the hands of the jury and the jury leaves the courtroom to the jury room to deliberate. The jury chooses a foreperson, reviews the evidence and reaches a verdict in accordance with the instructions of the judge.

  2. Statutory Interpretation

    Under the golden rule the court adopt the least absurd meaning. In Coutts v IRC (1953) the court ruled that, where a statute brings about a ' startling and equitable result', the court should seek another interpretation in order to achieve better justice.

  1. Statutory Interpretation

    * Defendant was charged under a section, which made it illegal to impersonate 'any person entitled to vote'. * Defendant pretended to be someone who was on the voter list, but had recently died. * Decision was not guilty because a dead person is not (in literal terms)

  2. Statutory Interpretation

    the court defined the word "road" saying that a multi-storied car park was not a, or any part of a road. An adverse consequence of the literal rule was seen in IRC v Hinchy where the House of Lords failed to rectify an error in a Court of Appeal

  1. Statutory interpretation

    of precedent is not binding and so doesn't have to be followed, but is usually useful and relevant and can persuade a judge one way or the other. An example of a precedent is in the case (R v Gotts, 1992), where the defendant charged with attempted murder argued he could use the defence of duress.

  2. Decriminalize Prostitution

    In AD 305, prostitutes were excommunicated from the early Christian church against moral grounds. However, it continued to flourish and " it provided an important source of tax revenue to the imperial state" (Miller, 2005). In other words, it was banished from sanctity, yet continued to prosper in the irreligious world.

  1. Critically evaluate the partial defence of Provocation.

    All this they did, with the result that Monk was in fact killed. The appellants were convicted of murder and appealed on the ground that the judge had wrongly withdrawn the defence of provocation from the jury. The appeal was rejected, although it was possible that provocation might extend over

  2. Statutory Interpretation

    Therefore, judge apply literal rule here Beatrice as committed no offence. According to the statutory provision she would have committed an offence if she were wearing both yellow colour stockings . However, in this scenario she was wearing one yellow stocking and one red stocking which mean she has did

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