Statutory Interpretation – Rules of Language Date: Wednesday, 07 November 2018 Statutory Interpretation – Rules of Language Learning Objectives Describe the different aids to statutory interpretation and explain how they are used. Specification Link Aids to interpretation: rules of language; internal and external aids Task You have 200 words. Explain the difference between intrinsic and extrinsic aids to statutory interpretation using examples. You have a +/- 10% margin on your word count. 15

Cats and Dogs and other things Cats and dogs and other pets Cats and dogs and baskets

Rules of Language Expressio unius est exclusio alterius Ejusdem generis Rules of Language Noscitur a sociis

These are all about lists – often referred to as subsidiary rules The Rules of Language These are all about lists – often referred to as subsidiary rules The courts may also choose to look at other words in the statute to ascertain the meaning of specific words. To enable them to do this they have developed a number of rules of language to help make the meaning of words and phrases clear. There are three main rules of language. The first is Ejusdem generis. There is also Expressio unius est exclusio alterius -where there is a list of words which is not followed by general words, then the Act applies only to the items in the list and Noscitur a sociis which means the words must be looked at in the context and interpreted accordingly. This involves considering other words in the same section of the Act.

The Rules of Language - ejusdem generis Where general words follow particular words the general words are interpreted to be of the same kind as the particular words: Dogs cats and other animals Particular words General words Under this rule ‘other animals’ interpreted like ‘cats and dogs.’ They are domestic animals so this means other domestic animals

Powell v Kempton Park Race Course (1899) AC 143 D’s company kept an open-air enclosure used by bookmakers and race-goers who wished to place bets. Under a Regulation it was prohibited to keep a ‘house, office, room or other place’ for betting purposes. Held – The court applied the ejusdem generis rule and held the defendant was not guilty because the enclosure was not a relevant place. The general words of ‘or other place’ following the specific words ‘house,’ ‘office,’ and ‘room’ referred to any defined spaces used for betting which their enclosure was not. 6

The Rules of Language - Expressio unius est exclusio alterius Expression of one thing implies the exclusion of another. Where ‘particular’ words are used and not followed by ‘general words’ the Act applies only to the particular words Inhabitants of Sedgley (1837) Rates were charged on ‘land, titles and coal mines’ – therefore rates could not charged on any mine other than coal mines. Q - So what if I bite off your nose and the Act says its an offence to ‘stab, cut or wound.’

R v Harris (1836) 7 C & P 446 The defendant bit off his victim's nose. The statute made it an offence 'to stab cut or wound'. Held – under the literal rule the act of biting does not mean that it comes within the act of stabbing, cutting or wounding as these words implied an instrument had to be used. Therefore the defendant's conviction was made void. 8

The Rules of Language - Noscitur a sociis Meaning of word is to be gathered from the context in which it is written. Refreshment Houses Act 1860 – all houses, rooms, shops or buildings kept open for ‘entertainment’ during certain hours of the night must be licensed. Using the definition above if a café stays open during the night without a licence do they break the law under the Refreshment House Act? If so why?

Muir v Keay (1875) QBD D ran premises called The Café; it was found open during the night, and seventeen women and twenty men were there. They had been supplied with cigars, coffee, and ginger beer, which they consumed.. Held – The Court applied noscitur a sociis rule and implied that ‘entertainment’ did not only mean music and theatre, but meant other form of entertainment including drinking coffee.e house was kept open for public refreshment, resort, and entertainment, and required a licence. 10

Apply the Rules of Language Consider all three rules of language and explain (using case examples) which rule is likely to be applied to each situation Decision Reason Case example An Act uses the phrase ‘hamsters, dogs, cats and other animals’ and the animal in question is a pig. An Act states that it specifically applied to ‘hamsters, dogs and cats’ and the animal in question is a pig. An Act mentions tigers, cages and food’ and the food in question is domestic cat food.

Consolidate your understanding of Statutory Interpretation Question Consider whether the current approach to Statutory Interpretation gives too much power to the judges Describe the impact of membership of the EU on statutory interpretation Describe the difference between the broad and narrow approaches in the golden rule Explain what is meant by the literal rule Identify one word which has caused problems for the court and explain why. Choose a question appropriate to your level of understanding – try and push yourself. Prepare an answer that you will have to explain to other members of the class

Can you apply all you have learnt? The Christmas Day Act 2010 This is an act to encourage the celebration of Christmas as a national holiday and time of charity This Act provides that: Christmas shall only be celebrated in Christmas the month of December Every household shall buy a tree, wreath or other greenery. Every household shall display a wreath at the entrance to their house All deer shall be given a red nose for the occasion. All adults shall be entitled to a free mince pie, Christmas cake or food in celebration Breach of the sections will result in a summary conviction punishable by a maximum of £200 fine Apply the law to the following scenarios, using the rules or aids to interpretation Bob owns a very large house with a long, windy drive. He has placed a wreath at the gate at the top of the drive. The Smiths decide to purchase a holly bush to celebrate Louise has decided to paint the noses of the deer in the local park red for Christmas Carol does some research and discovers that Jesus was born in March. She decides to celebrate Christmas then. James does not like mince pies and takes a in turkey as his free food. Pick two words from the act which you think will cause problems, and come up with a better definition!