Assess the need for statutory interpretation

• statutory interpretation


  used by judges when there is a dispute or uncertainty over a word or phrase in an Act of Parliament
• "crashed out" for older generations can mean to go bed after a long day whilst for younger generations it can mean to lose control which is a total contrast
• the English language is very complex and a word might have several meanings which can lead to ambiguity


  The Urban dictionary was introduced to make sense of words and phrases.
• legislation may have been drawn up very quickly in response to public opinion. If the legislation is rushed and not thought out carefully the wording may not be precise


  Dangerous Dogs Act
• Dangerous Dogs Act 1991


  the phrase ‘any dog type’ referring to Pit Bull Terriers raised questions
• Brook v DPP


  decided that type had a wider meaning than breed to include non-pedigree pit bulls that had some of the characteristics of this breed
• there can be errors in an Act during drafting which go unnoticed by Parliament

  OAPA 1861
• OAPA 1861


  S.20 uses the word ‘inflict’ and S.18 ‘cause’. Clearly both are referring to grievous bodily harm but each have different meanings. The court concluded in R v Burstow it would be absurd to differentiate because both are concerned with the same injuries.
• Changes in technology that parliament cannot keep up which means old Acts might not cover today's situations

  Royal College of Nursing v DHS
• Royal College of Nursing v DHS

  wording in the Abortion Act 1967 needed interpreting. The Act stated terminations could only be carried out by a ‘registered medical practitioner.’ This meant a doctor when the Act was passed. Three judges decided a nurse could now terminate a pregnancy due to medical advances with the use of drugs rather than an invasive medical procedure whereas two did not.
• Some Acts include a section on interpretation of words which can assist judges, meaning Parliament has worked on the definitions.

  Theft Act 1968
• Theft Act 1968


  S.3 (1) TA - appropriation is assuming the rights of the owner
• there was still a need for judges to determine when appropriation would apply such as giving consent. (R v Lawrence) in relation to theft
• In conclusion, Parliament cannot legislate for every eventuality by giving the meaning to every word or phrase. Society and technology is evolving constantly so there will always be a need for statutory interpretation by judge