Statutory Interpretation

Statutory Interpretation

1. Presumptions

   • Judges will assume certain things unless there is a good argument to the contrary. That mens rea is needed for criminal cases, that the common law has not been changed, that Parliament does not intend to change the law retrospectively, so for example law smoking indoors, but double jeopardy rule was retrospective so could try to re-try men accused of Stephen Lawrence killing.

2. Rules Of Language

   • Judges will look at the words in context of the sentence in which they occur.
     • Noscitur a sociis- A word is known by the company it keeps - words are generally interpreted in the context of the section and the Act as a whole. Bromley LBC V GLC (1982). The house of lord said a business should run and no point running if it is at a loss.
     • Expressio unius est exclusio alterius - The expression of one excludes the other- If there are no general words at the end of the list only things covered in the list are covered by the statute. R V Inhabitants of Sedgley (1831). List included coal mines but did not include limestone queries as no general words at the end of the list, So only words listed were covered.
     • Ejusdem genris - "Of the same king"- this is where there is a list followed by a general words, the general words are interpreted in the context of the list. Powell V Kempton Park Racecourse.The list in the act stated room, office and other(indoor areas).

3. Rules Of Interpretation

   • Literal Rule