STATUTORY INTERPRETATION
KATHARINE MATHESON
BPP LAW
SCHOOL
BPP LAW
SCHOOL
Learning Outcomes
Methods of Statutory
Interpretation
Rules of Language
Presumptions
Additional Aids
Human Rights Act 1998
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Parliamentary Supremacy
the right to make or unmake any law
whatsoever; and further that no person or
body is recognised by the law of England as
having the right to override or set aside the
legislation of Parliament
per AV Dicey
British Railways Board v Pickin [1974] 1 All
ER 609
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The Mischief Rule
Haydens Case (1584) Co Rep 79
1. What was the Common Law?
2. What was the mischief and defect?
3. What remedy?
4. The true reason of the remedy.
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Smith v Hughes [1960] 1 WLR 830
s1 Street Offences Act 1959
It shall be an offence for a common prostitute to loiter or
solicit in a street or public place for the purposes of
prostitution.
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The Literal Rule
Sussex Peerages Case (1884) 8 ER 1034
If the words of the statute are in themselves
precise and unambiguous, then no more can be
necessary than to expound on those words in their
natural and ordinary sense.
per Lord Tindal CJ
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Fisher v Bell [1961] 1QB 394
s1 Restriction of Offences
Weapons Act 1959 an offence to
sell, hire or offer for sale or hire
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The Golden Rule
River Wear Commrs v Adamson (1877) 2
App Cas 743
Inconsistency
Absurdity
Inconvenience
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Maddox v Storer [1962] 2 WLR 958
s24(1) Road Traffic Act 1960: "It shall not be lawful for a
person to drive a motor vehicle of any class or
description on a road at a speed greater than the speed
specified in the First Schedule to this Act as the
maximum speed in relation to a vehicle of that class or
description.
Schedule 1 para 1 - "vehicles...... adapted to carry more
than seven passengers exclusive of the driver - 30 miles
per hour."
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Maddox v Storer [1962] 2 WLR 958
s13(1) It shall not be lawful for more than one person to be
carried on a road on a bicycle not propelled by mechanical
power unless it is constructed or adapted for the carriage of
more than one person.
Schedule 1 para 1 - "vehicles...... adapted to carry more
than seven passengers exclusive of the driver - 30 miles
per hour."
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Parker CJ, on the meaning of adapted
if one gave it a meaning in paragraph 1
(1) of the First Schedule of being altered
so as to make it fit, it seems to me to
make nonsense of the provision.
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Purposive Rule
Subsuming the mischief rule
Pepper (Inspector of Taxes) v Hart [1993] AC
593
give effect to, rather than thwart, the intention
of Parliament
per Lord Browne-Wilkinson
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R v Pigg [1983] 1All ER 56
s17(3) Juries Act 1974
A court shall not accept a majority verdict of guilty
unless the foreman of the jury has stated in
open court the number of jurors who
respectively agreed to and dissented from the
verdict
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Lord Brandon
It is the substance of the requirement prescribed
by s 17(3) which has to be complied with, and
the precise form of words by which such
compliance is achieved, so long as the effect is
clear, is not material
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Linguistic Presumptions
A presumption is not a hard and fast rule.
It is a starting point only.
Presumptions can be rebutted.
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Eiusdem Generis
A list of two or more words followed by a general clause.
The presumption is that the general clause is limited to
things of the same kind as in the list.
S2(1) applies to sheep, goats, pigs, cows, horses and other
animals.
Fox? Donkey?
S3(1) applies to parsley, basil, dill and other plants being
sold in pots.
Tarragon? Orchid?
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Eiusdem Generis
Powell v Kempton Park Racecourse [1899] AC
143
s1 Betting Act 1853
House, office, room or other place
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Expressio Unius Est Exclusio Alterius
The expression of one thing is the exclusion of another.
A list without a general clause after it. The presumption is that if something is
not included in the list it is excluded.
S2(1) applies to any horse, cow, pig, sheep and goat.
Will it apply to a donkey?
An adjective attached to a noun. The presumption is that the adjective has a
limiting effect and it will not apply to something without this characteristic.
S3(1) It is a defence to have written consent.
Will there be a defence to oral consent?
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Expressio Unius Est Exclusio Alterius
R v Inhabitants of Sedgley (1831) 2 B & Ad 65
Statute 43 Eliz. c. 2, s. 1
land, houses and coalmines
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Smith v Hughes [1960] 1 WLR 830
s1 Street Offences Act 1959
It shall be an offence for a common prostitute to loiter or
solicit in a street or public place for the purposes of
prostitution.
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Noscitur a sociis
A word is known by its associates.
A word takes its meaning from other words in the same clause.
S20 Wills Act 1837 a will is revoked by burning, tearing
mutilating or defacing.
It is only partially destroyed by fire. Is this enough or must it be
completely destroyed?
A word takes its meaning from elsewhere in the statute.
S2 refers to written consent. S6 refers to consent.
Will oral consent suffice for s6?
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Noscitur a sociis
R v Harris (1836) 173 ER 198
statute 9 Geo. IV. c. 31, s. 12
who shall unlawfully and maliciously stab, cut or
wound any person.
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Presumption against criminal liability without
mens rea
Sweet v Parsley [1970] AC 132
whenever a section is silent as to mens rea,
there is a presumption that, in order to give
effect to the will of Parliament, we must read in
words appropriate to mens rea
per Lord Reid
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Presumptions
Presumption against alteration to the common law.
Presumption against deprivation of liberty.
Presumption against retrospective effect.
Presumption against deprivation of private property.
Presumption against gaining advantage from wrongdoing.
(Re Sigsworth [1935] Ch 89)
Presumption against interference with private rights.
Presumption against the Crown being bound.
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Additional Aids
Intrinsic
Short Title
Long Title
Preamble
Interpretative Section
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Additional Aids - Extrinsic
Interpretation Act 1978
Dictionary - R v Fulling [1987] 2 WLR 923
Hansard - Pepper v Hart [1993] AC 593
European Law
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Human Rights Act 1998
s3
so far as it is possible to do so, primary and
subordinate legislation must be read and given
effect in a way which is compatible with
convention rights
s4(2)
If the court is satisfied that the provision is
incompatible with a Convention right, it may
make a declaration of that incompatibility.
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Conclusions
Rules are there to help judges apply legislation to
real life situations
There is no one correct answer as to which rules
judges use
Practice applying the rules rather than just learning
them
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