Legislation Section 444 (1)
Legislation Section 444(1) of the Education Act 1996 provides: (1) If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.
Break down the legislation and identify the issue word (using ticks, crosses and question-marks) [30 marks]
If a child ✓
Of a compulsory school age ✓
Who is a registered pupil ✓
At a school ✓
Fails to attend ✓
Regularly ?
At the school ✓
[His parent is guilty of an offence]
Identify what gives rise to the doubt (ie, what is it about the facts that makes it unclear if the legislation has been satisfied?) [10 marks]
Issue Word: ‘Regularly’.
‘Regularly’ is an ambiguous term because it assumes a level of continuity …show more content…
It implies that an action must be set and structured, as well as occurring consistently. The idea of an action being ‘definite’ leaves little room for it to not occur, due to the conclusiveness of the term. The term ‘define pattern’ is specific and is able to support the prosecution's interpretation of the word because of the explicit nature of the definition. While the dictionary definition references the space between ‘individual instances’, it is seen to be an extension of the predominant definition. The prosecution is able to argue this is not as relevant as the ‘constant’ or ‘definite pattern’ in the definition, in turn emphasising their interpretation of the word. The use of the word ‘definite’ is inherently decisive, making other definitions secondary and of a lesser influence within the …show more content…
This suggests when an action is not completed ‘frequently’, it is no longer able to be defined as occurring ‘regularly’. This definition limits what it means for something to occur ‘regularly’, which is what the prosecution aims to argue. The other definitions within the second part of the dictionary are unable to be applied to the prosecution’s argument. This is because it references the allowance for a break or a ‘uniform interval’ and implies a level of flexibility, essentially widening the definition, instead of narrowing
Break down the legislation and identify the issue word (using ticks, crosses and question-marks) [30 marks]
If a child ✓
Of a compulsory school age ✓
Who is a registered pupil ✓
At a school ✓
Fails to attend ✓
Regularly ?
At the school ✓
[His parent is guilty of an offence]
Identify what gives rise to the doubt (ie, what is it about the facts that makes it unclear if the legislation has been satisfied?) [10 marks]
Issue Word: ‘Regularly’.
‘Regularly’ is an ambiguous term because it assumes a level of continuity …show more content…
It implies that an action must be set and structured, as well as occurring consistently. The idea of an action being ‘definite’ leaves little room for it to not occur, due to the conclusiveness of the term. The term ‘define pattern’ is specific and is able to support the prosecution's interpretation of the word because of the explicit nature of the definition. While the dictionary definition references the space between ‘individual instances’, it is seen to be an extension of the predominant definition. The prosecution is able to argue this is not as relevant as the ‘constant’ or ‘definite pattern’ in the definition, in turn emphasising their interpretation of the word. The use of the word ‘definite’ is inherently decisive, making other definitions secondary and of a lesser influence within the …show more content…
This suggests when an action is not completed ‘frequently’, it is no longer able to be defined as occurring ‘regularly’. This definition limits what it means for something to occur ‘regularly’, which is what the prosecution aims to argue. The other definitions within the second part of the dictionary are unable to be applied to the prosecution’s argument. This is because it references the allowance for a break or a ‘uniform interval’ and implies a level of flexibility, essentially widening the definition, instead of narrowing