STATUTORY INTERPRETATION Rules of language

The rules of language  As we have seen it is important to consider ALL the words within an act and their impact on one another, for the purposes of a just interpretation  However, there are rules of language which look at individual words and how they affect the context of others  These are known as internal aids in that they come from within the statute itself

Ejusdem generis rule  Means “of the same kind”  In a statute, where general words follow specific words, they must take their meaning from the specific words  If statute applied to “...cats, dogs and other animals” we would interpret the other animals as being domestic pets (hamsters, goldfish etc) rather than wild animals (lions, tigers, sharks)  Applies where a statute contains a list of items followed by ‘…and other...'.

Powell v Kempton Park Racecourse (1897)  The Betting Act 1853 made it an offence to “…keep a house, office, room or other place for the purposes of betting”  The House of Lords had to decide if the statute applied to a betting stand in an uncovered enclosure at Kempton Park Racecourse. Guilty or not?  The court applied the ejusdem generis rule and held that the other items mentioned in the statute related to places indoors whereas the enclosure was outside. There was thus no offence committed.

Expressio unius est exclusio alterius  This means “the express mention of one thing excludes all others”  So if a statute stated it applies to lions and tigers (without stating ‘and other…’) it would only apply to lions and tigers and not leopards and cheetahs  If statute referred to”...warehouses and coal mines” would it apply to tin mines or copper mines?

R v Inhabitants of Sedgely (1831)  A statute raised taxes on 'lands, houses and coalmines‘  The court held that it did not apply to limestone mines as these were not specifically mentioned nor did the statute suggest that it would apply to other types of mines

Noscitur a sociis  This applies where there is a list of items in the statute and the item under consideration is included in the list, but the context of the items in the list suggest that the item should not be in the list  Alternatively, a different context for a particular word is suggested by the company it keeps

Inland Revenue v Frere [1964]  D wanted to say that the interest he had to pay on a short term loan should be deducted from the amount of income tax he had to pay  The Income Tax Act 1952 allowed "the amount of interest, annuities or other annual interest" to be deducted from the income before the calculation of the tax  The court decided that under the noscitur a sociis rule, as the other items related to annual payments, the interest referred to was only annual interest, not that on a short term loan  He was therefore liable to pay the tax

Example  If a statute stated that, for safety reasons, factory “...floors, steps, stairs, passageways and gangways” had to be kept free from obstructions, then such a provision would not apply to floors used specifically for storage  Why?

Research task: Look at the different types of internal and extrinsic aids to statutory interpretation and provide examples of each, with an explanation as to how these help the judges to interpret statutes Remember to use relevant case law.

Internal and external aids to interpretation:  There is a wide range of material that may be considered by a judge when interpreting statutes.  Some of these aids may be found within the statute in question  Others are external to the statute  They are also known as intrinsic and extrinsic aids.

INTERNAL 1. Other enacting words  An examination of the whole of a statute, or relevant Parts, may indicate the overall purpose of the legislation  It may show that the judges proposed interpretation would lead to an absurd decision if he looks at in in context with the rest of the statute

2. Long Title  The long title should be read as part of the context, “as the plainest of all the guides to the general objectives of a statute” (Lord Simon in The Black-Clawson Case)The Black-Clawson Case  Abortion Act 1967 – the long title… “An Act to amend and clarify the law relating to termination of pregnancy by registered medical practitioners.”

3. The preamble (longer than the long title!)  A preamble to a statute describes the reason for the law.  Preambles are no longer widely used in statutes especially because they can have such a large influence the subsequent interpretation of the statute  Theft Act 1968 – the preamble…

4. Schedules or descriptive sections within the statute Schedules For example the Corporate Manslaughter and Corporate Homicide Act 2007, Schedule 1, provides a list of Government departments that this act is applicable to

5. Headings, side-notes and punctuation  All may be considered as part of the context.  However, they may not have been discussed in Parliament and so may not give Parliament’s true intention if added by draftsmen or printers

Extrinsic (external) aids  There are some external sources which are undisputedly accepted as appropriate as aids for statutory interpretation: 1. Dictionaries and other literary sources  Dictionaries are commonly consulted as a guide to the meaning of statutory words  Textbooks may also be consulted  Usually period appropriate for true interpretation of the meaning of the word as intended by Parliament

2. Practice or historical convention  The practice followed in the past may be a guide to interpretation  E.g. the practice of eminent lawyers where the technical meaning of a word or phrase is used

3. Other statutes  Related statutes dealing with the same subject matter as the provision in question may be considered to resolve ambiguities  A statute may provide expressly that it should be read as one with an earlier statute(s).

Cheeseman v DPP [1990]  The meaning of the word ‘passengers’ under s28 Town Police Clauses Act 1847 was in dispute  The court looked to the meaning of the word ‘street’ (which affected the word ‘passenger’) under s81Public Health Amendment Act 1902, and interpreted the word accordingly

Modern external sources  More recently, other external sources have been deemed acceptable when considering the intention of Parliament 4. Hansard  Verbatim report of what is said in Parliamentary session so will give full discussion of when the Act involved was passing through the House of Commons  Can be used since Pepper v Hart (1993) but Judge can only refer to words of a minister provided the statements are clear and can only use it when the Act is unclear  Since Wilson (2003) can only use it to discover the meaning of the words and not the reason for the Act  However, using Hansard can result in three problems: the research adds to cost of a case; it may not be of assistance or confirms the view already taken by the court

5. Official Reports  Legislation may be preceded by a report of a Royal Commission, the Law Commissions or some other official advisory committee.  These reports may be considered as evidence of the pre-existing state of the law and the “mischief” with which the legislation was intended to deal.

6. Treaties and International Conventions  UK has an obligation to abide by EU law and other international conventions  There is a presumption that Parliament does not legislate in such a way that the UK would be in breach of its international obligations.

7. Explanatory Notes  Since 1998, Bills (proposals for Acts) are presented with explanatory notes, written in clear and simple English.  They are updated as a Bill goes through Parliament and changes its wording and meaning  Must be used cautiously as they do not form part of the act itself

PRESUMPTIONS  To aid with interpretation, there are also some standard presumptions that the court can rely on 1. A presumption against a change in common law  Common law will still apply unless the act expressly states otherwise  Leach v R (1912) - Common law states that the spouse of a defendant can not be compelled to give evidence against them.  The Criminal Evidence Act 1898 does not say that this should happen. Therefore the common law was upheld.  Under s80 PACE 1984, in a crime of violence, a spouse can now be made to give evidence – it is specifically stated in the statute therefore overrides presumption

2. A presumption that mens rea (a guilty mind) is needed in criminal cases  Common law holds that in order to be guilty of a criminal offence, mens rea must be proven (intent)  Sweet v Parsley (1970), a manager of premises was not aware that her tenants were smoking cannabis in them  It was an offence to be ‘concerned with premises’ on which the illegal act was happening  As she had no knowledge of the criminal act, she had no mens rea. She was therefore found not guilty under this presumption

3. A presumption that the Crown is not bound by any statute Unless the statute expressly says so. 4. A presumption that legislation does not apply retrospectively This means no Act of Parliament will apply to past happenings