statutory interpretation

what are intrinsic aids?

found within the statute

what are the intrinsic aids to interpretation?

long and short title of the act
interpretation section
schedules
marginal notes and headings
punctuation

what are extrinsic aids?

found outside the statute

what are the extrinsic aids to interpretation?

dictionaries
interpretation act 1978
previous acts of parliament and earlier case law
human rights act 1998
hansard 

what are presumptions?

courts will start with the presumption that certain points are applicable in all statutes

what are the presumptions that aid interpretation?

statutes do not change the common law (case law)
mens rea (guilty mind) is required in criminal cases
the crown is not bound by any statute
statutes do not apply retrospectively

what are the 3 aids to interpretation?

preumptions, extrisnsic and intrinsic aid

what are the 3 rules of language?

ejusdem generis
noscitur a sociis
expressio unius est exclusio alterius

what is ejusdem generis?

means of the same kind, where general words follow a list of specific words. the general words are limited to the same kind as the specific word

what is an example case of ejusdem generis?

powell v kempton park racecourse: statute stated that it was an offence to use a house, office, room or other rooms’ for betting. D was using a ring at the racecourse

what was held in the powell v kempton park racecourse case?

the ring at  the racecourse was not a place for betting because it was outdoors - the words in the list are indoor places so the general term must mean a place similar to the list

what is noscitur a sociis?

means a word is known by the company it keeps words in a statute must be read in the same context of the words around them

what is an example case of noscitur a sociis?

muir v keay: D ran a premisies called The Cafe where people had cigars, coffee and ginger beer. would need a licence if was kept open for ‘public refreshment, resort and entertainment’

what was held in the muir v keay case?

court looked at the other words to decide the meaning of entertainment. D needed a licence

what is expressio unius est exclusio alterius?

means that the express if one thing implies the exclusion of another

what is an example case of expressio unius est exclusio alterius?

R v inhabitants of sedgley: statute raised taxes on ‘lands, houses and coalmines’

what was held in the R v inhabitants of sedgley?

court held that it did not apply to limestone mines as these were not specifically mentioned

what is the literal rule?

give words their plain, ordinary or literal meaning even if the result is not very sensible

what is an example of the literal rule (Whiteley v Chappell)?

D posed as someone who had died to vote in an election
outcome: D wasn’t guilty because a dead person cannot vote in an election

what is an example of the literal rule (London and NE Railway Co v Berriman)?

mrs Berriman’s husband was killed while oiling points on a railway line. compensation was available if he was ‘relaying’ or ‘repairing’ the track
outcome: she was not entitled to the compensation as oiling points was found to be ‘maintaining’ the track

what is the golden rule?

modification of the literal rule - start with literal rule but avoid an abusrd result

what is an example of the golden rule (Adler v George)?

Adler was charged with being in an RAF station contrary to the Official Secrets Act. He argued he wasn’t guilty as he was already inside it when the Act made it an offence to be near it
outcome: golden rule wide approach was used so ‘in the vicinity of’ could mean on or near the prohibited place 

what is the mischief rule?

judges look for the ‘mischief’ the Act was designed to remedy and interpret the Act in such a wat what the remedy is achieved

what is an example of mischief rule (Heydon’s case)?

points to be considered when using this rule
what the law was before the statute was passed
what the problem or 'mischief’ the statute was trying to remedy
what remedy parliament was trying to provide

what is an example of mischief rule (Smith v Hughes)?

prostitutes were charged with soliciting contrary to the Street Offences Act 1959b which made it an offence to solicit in a ‘public place'. the prostitutes were calling from balconies and tapping on windows
outcome: guilty as the activities were held to be in a public place or street - avoided mischief of soliciting on passers by

what is the purposive approach?

courts identify the purpose of the Act, then construde doubtful passages in accordance with that purpose

what is an example of purposive approach (Jones v Tower Boot)?

a black worker was physically and verbally abused at work and wanted to sue his employer under the Race Relations Act 1976.
outcome: D was liable as Parliament’s intention was to stop discrimination in the workplace

what are the 4 rules of interpretation?

literal, golden and mischief rule, purposive approach

what are the advantages of the literal rule?

respects parliamentary sovereignty and prevents unelected judges from making law
upholds the separation of powers as limits the role of the judge

what are the disadvantages of the literal rule?

words have more than one meaning so the act is unclear
can lead to unfair (berriman) or absurd (whiteley) results

what are the advantages of the golden rule?

errors in drafting can be corrected immediately 
courts can alter the wording to make sure of an absurd or repugnant meaning 

what are the disadvantages of the golden rule?

judges are able to add or change the meaning of statutes and thereby infringing the separation of powers
judges have no power to intervene for pure injustice (berriman)

what are the advantages of the mischief rule?

more likely to produce a fair result
allows the law to develop and adapt to changing social/technological circumstances (nursing v DHSS)

what are the disadvantages of the mischief rule?

judges infringe the separation of powers
finding the inetntion of parliament is hard even if hansard is used

what are the advantages of purposive approach?

promotes the purpose of the law and leads to justice in individual cases (jones v tower boot)
broad approach covers more situations than the literal rule and situations unforseen by parliament

what are the disadvantages of purposive approach?

gives unelected judges too much power who refuse to follow the exact words of parliament
judges become law makers infringing the separation of powers

what is the long and short title of the act?

some statutes have a long title at front of act explaining what it is trying to achieve in a list of objectives

what is the interpretation section?

major aid to interpretation as give meaning of technical words used
example: sections 2-6 of theft act 1968 explain terms used in offence of theft
section 10 of theft act 1968 defines ‘weapon of offence’

what are schedules as aids to interpretation?

come at the end of a section and include detailed clarification
example: unfair contract terms act 1977 schedule 2 outlines the test determining principle of ‘reasonableness’

what are marginal notes and headings?

included afterwards by person drafting act so aren’t strictly part of it. sometimes include purpose of a section

what is punctuation as an aid to interpretation?

hanlon v law society: lord lowry said that punctuation can be an aid

what are dictionaries as an aid to interpretation?

judges using literal rule can use a dictionary to find the plain meaning of a word
example: DPP V cheeseman

what is the interpretation act 1978?

tells judges that he=she, singular=plural, person=corporations, writing=any other way of producing visible form

what are previous acts of parliament and earlier case law as aids to interpretation?

cases from any branch of law and any jurisdiction are used by courts to assist interpretation
example: in criminal manslaughter courts used civil case of donoghue v stevenson to assist in deciding scope of negligence

what is the human rights act 1998 as an aid to interpretation?

courts now obliged as far as is possible to interpret legislation in line with convention rights under s.3(1) HRA 1998. courts must also take into account any judgements made by the ECtHR under s.2(1) HRA 1998

what is hansard?

contains reports of parliamentary debates which tell the judge what was in the mind of the MPs at the time they were passing the act
example: pepper v hart - first case which allowed hansard to be used where words are ambiguous, obscure or lead to absurdity and there is a clear statement that would resolve doubt