Statutory Interpretation Statutory Interpretation

By the end of this class you will By the end of this class you will be able to :be able to :

Explain what statutory interpretation Explain what statutory interpretation is and why it is necessaryis and why it is necessary

Explain what is meant by the two Explain what is meant by the two ‘approaches’‘approaches’

use at least one of the approaches to use at least one of the approaches to interpret legislation interpret legislation

Statutory Interpretation Statutory Interpretation

Finding the meaning of Acts Finding the meaning of Acts of Parliament! of Parliament!

Who needs to interpret statutes?Who needs to interpret statutes?

Judges when Judges when deciding civil casesdeciding civil cases Directing the jury on points of Directing the jury on points of

law in criminal caseslaw in criminal cases Solicitors and Barristers when Solicitors and Barristers when

advising their clientsadvising their clients Law students when writing essays!Law students when writing essays!

Parliamentary supremacyParliamentary supremacy Judges cannot challenge Judges cannot challenge

legislation – they have to apply legislation – they have to apply the law the law

   Judges can interpret Acts Judges can interpret Acts

narrowlynarrowly or or widelywidely – so they – so they can develop the lawcan develop the law

Why is statutory interpretation Why is statutory interpretation necessary?necessary?

Uncertainty or ambiguityUncertainty or ambiguity   broad termsbroad terms   bad draftingbad drafting   unforeseeable developmentsunforeseeable developments   changes in the use of languagechanges in the use of language

Offences Against the Person Act 1861 (c.100)Offences Against the Person Act 1861 (c.100)

s20 Inflicting bodily injury, with or s20 Inflicting bodily injury, with or without weapon without weapon

Whosoever shall unlawfully and Whosoever shall unlawfully and maliciously wound or inflict any grievous maliciously wound or inflict any grievous bodily harm upon any other person, bodily harm upon any other person, either with or without any weapon or either with or without any weapon or instrument, shall be guilty of a instrument, shall be guilty of a misdemeanor, and being convicted misdemeanor, and being convicted thereof shall be liable . . . to be kept in thereof shall be liable . . . to be kept in penal servitude ...penal servitude ...

David has been arrested for David has been arrested for being in the parkbeing in the park

and charged under and charged under the following the following section: (fictitious)section: (fictitious)

‘‘men with beards men with beards and moustaches and moustaches are prohibited are prohibited from parks.’from parks.’

Is David guilty?Is David guilty?

What is a person?What is a person?

Words derive their meaning Words derive their meaning from their context:from their context:

Every person wilfully, Every person wilfully, openly, lewdly and openly, lewdly and obscenely exposing his obscenely exposing his person with intent to insult person with intent to insult any female…any female…

Bennion’s book “Statute Law” Bennion’s book “Statute Law” identified some problems:identified some problems:

a.a. Public hospital or schoolPublic hospital or school

b.b. Every owner of a vehicle in Every owner of a vehicle in Great BritainGreat Britain

c.c. No person shall enter or remain No person shall enter or remain in a bathhouse suffering from a in a bathhouse suffering from a communicable diseasecommunicable disease

S3(1) Theft Act 1978S3(1) Theft Act 1978

... a person who, knowing that ... a person who, knowing that payment on the spot for any goods payment on the spot for any goods supplied or service done is required supplied or service done is required or expected of him, dishonestly or expected of him, dishonestly makes off without having paid as makes off without having paid as required or expected and with intent required or expected and with intent to avoid payment of the amount due to avoid payment of the amount due shall be guilty of an offence.shall be guilty of an offence.

Things you may need to knowThings you may need to know Bigamy is a criminal offence – e.g. Ron Bigamy is a criminal offence – e.g. Ron

a lorry driver has a wife in Liverpool a lorry driver has a wife in Liverpool and another in Londonand another in London

Indirect discrimination is where a rule Indirect discrimination is where a rule has the effect of discriminating has the effect of discriminating against a group of people e.g. You against a group of people e.g. You have to be over 6ft tall to apply for a have to be over 6ft tall to apply for a job – less women would be able to job – less women would be able to satisfy the conditionsatisfy the condition

QuizQuiz1.1. Name one person who may need to Name one person who may need to

interpret statutesinterpret statutes

2.2. Why is statutory interpretation Why is statutory interpretation necessary?necessary?

3.3. What is the literal approach to What is the literal approach to statutory interpretation?statutory interpretation?

4.4. What is the purposive approach to What is the purposive approach to SI?SI?

5.5. Which is used in Europe?Which is used in Europe?