Statutory Interpretation

1
Statutory Interpretation

• How can the meaning of a statute be unclear?
• A broad term
• Ambiguity
• A drafting error
• Changes in the use of language
• Developments since the legislation came into
  force.

2
Statutory Interpretation

• Presumptions
• Rules of Statutory interpretation
• Literal rule
• Golden rule
• Mischief rule
• Purposive approach
• Rules of language
• Ejusdem generis
• Nosciter a sociis
• Expresso unius exclusion alterius
• Aids to Statutory interpretation
• Intrinsic
• Extrinsic

3
Presumptions

• A useful starting point!
• A court will presume that
• The common law has not changed unless the statute
  shows a clear intention to change it
• An accused requires mens rea in criminal cases
• A statute does not intend to be retrospective
  (that is, makes illegal something that was legal
  at the time it was done) unless it specifically
  states such intent.

4
Statutory Interpretation- Literal rule

• Words of a statute are given their ordinary,
  plain or literal meaning, regardless of whether
  this leads to an absurd result.
• If the words of an Act are clear then you must
  follow them even though they lead to a manifest
  absurdity. The court has nothing to do with
  whether the legislature has committed an
  absurdity. Per Lord Esher, R v. Judge of the
  City of London Court (1892)
• Whitely v. Chappell (1868)- impersonate any
  person entitled to vote Can the dead vote?
• R v. Greenburg- dishonest appropriation
  Petrol station theft.
• R v. Harris (1836)- cut, stab or wound Give
  me back my nose!
• London and Noth Eastern Railway v. Berriman 1946

5
Statutory Interpretation- Golden rule

• Gives words their literal meaning. If this
  would produce an absurd result, another
  interpretation can be given. Two forms of this
  rule
• Narrow application- court can only choose between
  the possible meanings of a word or phrase. R v.
  Allen (1872)- marry Legally, or the marriage
  service?
• Wider application- court can modify words in a
  statute to avoid an absurd result. Re Sigsworth
  (1935)- does the law allow a murderer to inherit?

6
Statutory Interpretation- Mischief rule

• Court should consider
• Common law before the Act
• What was the defect in the common law?
• What was the remedy Parliament had resolved?
• What was the true reason for the remedy?
• The court can then interpret the statute to
  ensure the mischief is suppressed.
• Smith v. Hughes (1960) Prostitutes in a street
  or public place
• Milnes v. Cooper (1967) a gypsy who pitches a
  booth, stall, or stand on a highway shall be
  guilty of an offence

7
Statutory Interpretation- Purposive approach

• Favoured by European Courts. Wider than the
  mischief rule in application. Courts should
  consider what Parliament intended to be the
  purpose of the statute, and apply it to the
  present case.
• Lord Denning in Magor and St. Helens v. Newport
  Corporation We sit here to find out the
  intention of Parliament and of ministers and
  carry it out, and we do this better by filling
  the gaps and making sense of the enactment than
  by opening it up to destructive analysis.
• Criticised by Lord Scarman- We are not bound by
  Parliaments intentions but Parliaments
  enactments.

8
Rules of language- Ejusdem generis

• Relating to the same kind.
• Where a list of words is followed by general
  words, then the general words are limited to the
  same kinds of items as the specific words.
• Powell v. Kempton Park Racecourse (1899)
• Flack v. Baldry (1988)

9
Rules of language- Nosciter a sociis

• A word is known by the company it keeps.
• Look at words in their context and interpret
  accordingly- look at other words in the same
  section or other sections in the Act to discover
  the true meaning of the words in question.
• Bromley London Borough Council v. GLC (1983)
• R. v. Harris (1836)

10
Rules of language- Expresso unius exclusio
alterius

• The mention of one thing excludes others.
• Where a list of words is not followed by general
  words, then the Act only applies to the items in
  the list.
• Tempest v. Kilner 1846

11
Intrinsic aids to interpretation

• Help that can be found within a statute.
• Long title (R v. Galvin (1987)
• Inclusory words or lists (Coltman v. Bibby
  Tankers (1988))
• Statements of principle within the Act

12
Extrinsic aids to interpretation

• Help that can be found outside a statue.
• Dictionaries
• Explanatory notes
• Other statues
• Previous case law
• Hansard
• Historical setting
• Reports of law reform bodies
• International conventions, treaties, directives,
  regulations.