6: Statutory Interpretation

• Statutory Interpretation = process of working out the meanings of words/phrases in Acts of Parliament

  CASE: Lucasfilm Ltd V Ainsworth - Ainsworth did not breach the copyright of Lucas Film by making and selling stormtrooper helmets
• Judges interpret statutes because:

  • Ambiguous terms (two meanings)
  • Drafting errors (e.g 'Offences Against the Person Act' s18 used the word 'cause' and s20 used the word 'inflict')
  • Meanings of words changing
  • New Developments (old act may not cover present-day situations, e.g Royal College of Nursing V DHSS - development since the introduction of the Abortion Act)
• Rules of Interpretation: 1) Literal Rule


  Gives words their everyday, literal meaning, even if resulting in absurdity

  
  

  CASE: London and Northeastern Railway V Berriman - Mrs Berriman wasn't granted compensation as the Fatal Accident Act only looks for workers 'repairing or relaying' the tracks, not oiling
• Rules of Interpretation: 2) Golden Rule

  Golden Rule = meaning of words altered

  2 Approaches:

  • Narrow Approach - word has two meanings and least absurd is chosen
  • Wider Application - when a word has an absurd meaning and the judge alters it

  CASE: Re Sigsworth - D murdered his mother who has no will. He wasn't entitled to anything because if he did inherit something, he could've committed murder in order to inherit.
• Rules of Interpretation: 3) Mischief Rule

  Where Judges attempt to understand what wrong Parliament was trying to prevent in the Act and interpret it accordingly.

  CASE: Smith V Hughes - Prostitutes found soliciting from private premises in windows and balconies seen by the public. Street offences act states it is an offence to solicit in a public place. Found guilty
• Rule of Interpretation: 4) Purposive Approach

  Looks at positive social purpose of the Act, and the positives to why it was created (spiritual law instead of literal meaning)

  Lord Scarman: 'Parliament is in charge of their own actions and judges do not have the authority to change them'

  CASE: R V Registrar General: Charles Smith, had 2 murder convictions and was detained in a mental institution, wanted to obtain his birth certificate, but information was not given in fear he would kill his birth mother.
• Literal Rule Advantages VS Disadvantages:

  Advantages:

  • Follows Parliament's wording
  • Predictable and certain
  • Straightforward and reliable

  Disadvantages:

  • Doesn't take into account that words have 1+ meanings
  • Can lead to unfairness and absurdity
• Golden Rule Advantages and Disadvantages:

  Advantages:

  • Avoids absurdity
  • Flexible (2 approaches)
  • Allows judges to choose suitable outcome

  Disadvantages

  • Judges can abuse power, takes away from Parliament supremacy
  • Uncertain and unpredictable
• Mischief Rule Advantages and Disadvantages

  Advantages:

  • Fills the gap in law
  • Provides public protection
  • Produces a just result

  Disadvantages:

  • Not as wide as Purposive
  • Uncertain
  • Judges use their own views, which could be unpredictable and misinterpreted
• Purposive Approach Advantages and Disadvantages

  Advantages:

  • Avoids absurdity
  • Leads to justice

  Disadvantages:

  • Hard to find and understand Parliament's intentions
  • Allows judges to make laws (judge-made laws)
  • Uncertain
• Rules of Language: 1) Ejusdem Generis


  = 'of the same general kind'

  Must have at least 2 specific words from the list e.g, Lions, tigers and other such animals

  CASE: Allen V Emmerson - unsure whether a funfair was included in 'of other place of public entertainment' (was not)
• Rules of Language: 2) Expression Unius Exclusion Alterious


  = Act applies to listed terms only

  
  

  CASE: Tempest V Kilner - 'goods, wares and merchandise' did not include stocks and shares
• Rules of Language: 3) Noscitur A Sociis


  = A word interpreted in context

  e.g cat basket, toy mice and food: food refers to cat food based on the context
• Court Presumptions:

  Court will make presumptions about the law unless Act makes it clear that presumptions should not apply

  1. Common law will apply (unless made clear that the law has been altered)
  2. Mens rea is required in criminal cases
  3. The crown is not bound (to any statute law unless stated otherwise)
  4. Statutes will not apply retrospectively (not apply to past events occured before the law was passed)
• Aids to interpretation: Intrinsic Aid

  = found inside the statute

  • long/short title
  • Preamble
  • Margin notes
  • Heading
  • Interpretation sections
• Aids to Interpretation: Extrinsic Aid

  = found outside the statute

  • Oxford English Dictionary
  • Official Government Documents
  • Law Commission Reports (LC review areas of law in which they produce a report highlighting issues and suggesting reform which is then passed to Parliament for further action)
  • Other statutes
  • Hansard = word for word written reports from Parliamentary debates (Pepper V Hart: Hansard only used if Act leads to absurdity, if debate contains 1+ statements by a minister or if Parliament statements are clear)