Explain the purposive approach to statutory interpretation

• a modern version of the mischief rule


  it goes further than looking for gaps in the law, or the purpose of the law because it allows judges to “consider what they believe” Parliament meant to achieve when making the law.
• What case is referred to in the study material?

  R v Registrar General, ex Parte Smith
• What section of the Adoption Act 1976 is discussed in the case?

  Section 1
• What does the Adoption Act 1976 allow adopted individuals to do at age 18?

  Apply for a copy of their birth certificate
• What condition must be met for adopted individuals to obtain their birth certificate?

  They must go through the correct process
• What does the Act state regarding the registrar's obligation?

  The registrar “shall supply” the birth certificate
• What was the issue concerning Mr. Smith in this case?

  He had been convicted of two murders
• Why did the judges decline Mr. Smith's application?


  Parliament could not intend to promote a crime
• What approach did the judges use in their decision-making?


  The purposive approach
• What was the judges' interpretation of the Act's wording?


  The words of the Act were clear
• What is the definition of an embryo under the Embryology Act 1990?


  A live human embryo where fertilisation is complete
• What new method was considered by the courts in the Quintaville case?

  Cell nuclear replacement (CRN)
• Why was the method of CRN questioned under the Embryology Act?

  Because fertilisation was not required
• What did the courts conclude about the purpose of the Embryology Act?

  It was to help people conceive naturally
• Why did the courts include CRN under the Embryology Act?

  Parliament was unaware of new medical advances
• What year was the Embryology Act introduced?


  1990
• How does the definition of an embryo impact the legality of CRN?

  It allows CRN under the Act's provisions
• What implications does the Quintaville case have for future medical advances?


  It suggests laws may need updates for new methods
• What does CRN stand for?

  Cell nuclear replacement