Statutory Interpretation Flashcards
aids to interpretation
the meaning of law in acts of parliament are not always clear and explicit so courts have to decide the exact meaning of words or phrases
there are aids to interpretation which are sources that help them interpret a statute as well as rules of statutory interpretation
aids to interpretation; intrinsic aids, extrinsic aids and language rules
intrinsic aids
an internal aid found within the statute itself
used when the meaning of the law in an act is unclear and to assist judges to interpret these acts
include: • long and short title • preamble or purpose section • interpretation section • schedules • marginal notes and headings • punctuation
intrinsic aids
LONG AND SHORT TITLE
the court can consider the long or short title
titles can be used to give clues as to the meaning of words used in the act and help confirm the purpose
for example, in Royal College of Nursing v DHSS, the SC referred to the long title of Abortion Act 1967 to help confirm its purpose — “to clarify the law relating to termination of pregnancy by registered medical practitioners”
intrinsic aids
PREAMBLE OR PURPOSE SECTION
older acts have a detailed preamble section outlining what the statute covers and its purpose
newer acts may have a purpose section at the beginning that states the aims and objectives of the act
for example, Climate Change and Sustainable Energy Act 2006 states that purpose of the act is to “enhance the UK’s contribution to combating climate change”
intrinsic aids
INTERPRETATION SECTION
most acts contain an interpretation section with an explanation of key terms
for example, in s10 of the Theft Act 1968, it defines “a weapon of offence” in aggravated burglary as “an article made or adapted for use for causing injury”
intrinsic aids
SCHEDULES
usually come at the end of section and include more detailed clarification
further information of how the act is meant to be used
for example, s2(1) of the Hunting Act 2004 states that “hunting is exempt if it is within a class specified in schedule 1” and the exempt classes are set out in detail is schedule 1
intrinsic aids
MARGINAL NOTES AND HEADINGS
inserted by the draftsman when the act goes for printing and are extended as a useful reference to aid interpretation
however, where contradiction exists between the wording of the statute and the heading or marginal notes, the wording should be adhered to
intrinsic aids
PUNCTUATION
can and should be taken into account by judges in interpreting statutes
extrinsic aids
an external aid found outside of the act itself
used when the meaning of the law in an act is unclear and to assist judges to interpret these acts
include: • dictionary • hansard • reports • case law • human rights act • interpretation act
extrinsic aids
DICTIONARY
used to discover the plain meaning of a word
dictionaries from the time that the act was passed are the most appropriate and helpful sources because meanings of words change over time
for example, in DPP v Cheeseman (1990), D exposed himself in public toilets and the act stated that it was an offence to do this to the annoyance of ‘passengers’. judges used a dictionary of 1990 to define the word ‘passengers’ as “people using the toilet for normal purposes”. therefore, D was not guilty because the police officers didn’t fit that definition as they were not using the toilet for normal purposes
extrinsic aids
HANSARD
official report of parliamentary debate about the act
containing records of what the minister creating the act thinks each word means as well as parliaments intentions behind the act
since Pepper v Hart (1993) the courts have been allowed to refer to hansard to find out parliament’s intention
can only be used when wording in an act is ambiguous or obscure
judges must only look at statements made by a minister and statements must be clear in order to be relied upon
extrinsic aids
REPORTS
from law reform bodies such as the Law Commission which lead to the passing of an Act (such as the Coroners and Justice Act 2003)
include background information and consultations which were used to suggest improvements, this may reveal more about parliament’s intentions behind the act
extrinsic aids
CASE LAW
can use precedent that’s appropriate to the area of law
extrinsic aids
HUMAN RIGHTS ACT 1998
judges must interpret words of acts of parliament so their meaning is consistent with the european convention on human rights
extrinsic aids
INTERPRETATION ACT 1978
sets out some basic rules about the meanings of common words in acts of parliament
example: he = she, person = corporation
3 rules of language
the general rule — “ejusdem generis”
the specific rule — “expressio unius est exclusio alterius”
the context rule — “noscitur a sociis”
purpose of rules of language
other words in the act must be considered to see if they affect the word or phrase in question
lawyers have developed rules to do this
ejusdem generis / general rule
general words in a list should be “of the same kind” as the specific things listed
where there is a list of words followed by general words, then the general words are limited to the same kind of items as the specific words
for example, if an act refers to “butter, milk, cream and other foods” it would apply to cheese as it is also a dairy product but would not apply to lettuce (although it’s a food, it is not a dairy product)
ejusdem generis / general rule
CASE EXAMPLE
Powell v Kempton Park Racecourse (1899)
- the court decided that the general words “other place” in the act referring to a “house, office room or other place for betting” had to refer to indoor places
- since all the words in the list referred to indoor places
- “other place” would have to be a walled off space with a ceiling, like the other places listed
expressio unius est exclusio alterius / specific rule
the act only applies to things specifically mentioned — “express mention of one thing excluded others”
where there is a list of words not followed by general words, then the act only applies to items in the list
for example, if an act lists “butter, milk and cream” it would not include cheese because it is not included in the specific list
expressio unius est exclusio alterius / specific rule
CASE EXAMPLE
Tempest v Kilner (1846)
- the list “goods, wares and merchandise” was not followed by general words
- so the court held that only contracts for those three things were affected by the statute, the act does not apply to anything else
noscitur a sociis / context rule
the meaning of a word can be found by looking at the context of the phrase it’s in or the act as a whole — “a word is known by the company it keeps”
words must be looked at in context and interpreted accordingly, involves looking at other words in the same section or at other sections in the act
for example, if an act refers to “scales, mixing bowls, spoons and whisks” then it would not apply to bathroom scales as the meaning of the word “scales” is informed by the words around it which make it obvious that the act is referred to kitchen scales
noscitur a sociis / context rule
CASE EXAMPLE
IRC v Frere (1964)
- the court decided that the phrase “the amount of interest” only related to annual interest
- this was because the other items named in the section related to annual payments, not payments made weekly or monthly
x3 evaluation points for aids to statutory interpretation (intrinsic aids)
- respectful of parliament
- quick and easy
- unlikely to be sufficient
intrinsic aids evaluation
RESPECTFUL OF PARLIAMENT
using intrinsic aids is more respectful to parliament
this is because it involves looking elsewhere inside the act rather than outside the act
this relates to the principle of parliamentary sovereignty, the courts should respect laws written by parliament rather than developing the law too much on their own
looking outside the act would be undermining of parliament’s authority as the supreme law making body
