ELS crim

• Statutory interpretation

  Judges find declare law + apply statue by determining correct meaning
• 4 approaches to statutory interpretation 


  Literal rule golden rule mischief rule purposive approach
• literal rule

  judge reads statue words given in plain ordinary meaning regardless of outcome
• advantages of literal true

  respects parliamentary sovereignty

  creates certainty agrees with rule of law

  agrees with separation of powers
• disadvantages of literal rule

  lead to absurd or unfair outcomes

  does not take into account words having more than 1 meaning
• golden rule

  used when literal rule lead to absurd decision
• 2 approaches of golden rule

  narrow view = 2 meanings words chose one not absurd outcome

  wide view = words have clear meaning literal rule lead to repugnant situation
• advantages of golden rule

  avoids absurdity

  fairness

  respects words of parliament
• disadvnatges of golden rule

  allows judges re-write statue = too much power

  no clear definition of absurd result
• mischeif rule

  gap in law interprets act to fill gap and remedy mischief
• advantages of mischief rule

  promotes purpose of law

  likely produce jsut result

  judges interpret law way parliament intend
• disadvantages of mischief rule

  infringes parliamentary sovereignty

  uncertainty not agree on when to us MR

  not as wide as purposive approach
• purposive approach

  extension to mischief rule look at gap with old law
• advantages of purposive appraoch

  leads justice in case

  more descretion than using literal meaning avoid absurd outcome
• disadvantages of purposive approach

  refuse to follow words of parliament

  difficult to know intention of parliament

  uncertainty in law
• European court of justice

  resolve legal disputes between EU countries + their citizens has a purposive approach not bound by doctrine of state decisis make reference to previous decisions
• laws in the uk must be


  compatible with EU law + human rights act 1998
• Intrinsic aids = inside statute 


  Preamble = intro wits purpose of act

  explanatory notes = elaborates meaning of words

  schedules = additions to act
• extrinsic aids = outside the act


  Hansard = official record of parliamentary debates

  oxford dictionary = same dictionary used by all judges
• rules of language

  general rule = list specific words any others allowed

  specific rule = one thing mentioned excludes others

  context rule = word unclear meaning constructed from context
• Separation of powers + parliament sovereignty determine

  Judges do not make the law role of judiciary is to find + declare the law +apply to cases
• stare decisis

  stand by what has been decided do not unsettle the established like cases decide alike
• ratio decidendi

  reasons for decision set as precedent must be followed by judges in later cases and binding precedent to lower courts
• obiter dicta

  not all comments are binning in other cases judge may take into account
• original precdent when issue not been decided before
• Hierarchy of courts

  Higher courts bind lower courts

  appeal courts usually found by their own decisions

  superior courts set binding precedent
• inferior courts

  crown courts

  court court

  magistrate courts
• superior courts 


  high court

  divisional court

  court of appeal

  Supreme Court

  European court of justice
• courts for first instance

  county court

  magistrate courts

  crown court

  high court
• appellate court

  divisional court

  court of appeal

  supreme court

  European court of justice
• appellate court have choice of FORD

  following

  overruling

  reversing

  distinguishing
• persuasive precedent is

  decision that is not binding court but judge may follow
• sources of persuasive precedent

  decisions of lower courts

  decisions of judicial committee of privy council

  statements made orbiter dicta

  dissenting judgements

  decisions of commonwealth courts
• Two main criminal Courts

  Magistrates court + crown court
• summary offences = less serious 


  tried in magistrates courts

  assault + Battery
• triable either way offence = middle range

  tried in magistrates or crown court

  example s47 s20 GBH theft
• indictable offences = msot serious 


  tried in crown court with jury

  examples = s18 GBH murder
• work of magistrates court

  240 magistrates courts in England + wales

  cases heard bench of 3 magistrates

  try all summary + triable either way offences

  hear cases at first instance

  issue warrant to police + decide bail

  maximum sentence magistrate sully pass is 2 6 months imprisonment or fine of £5000 or both

  deal with civil matters
• work of the crown court

  92 crown courts in England + wales

  80000 cases per year

  judge + jury to decide verdict

  hears indictable + triable offences

  appeals from magistrates courts
• aims of sentencing 


  detterance

  retribution = punishment

  public protection

  reperation = compensation to V

  rehabilitation = reform offender