AIDS TO STATUTORY

INTERPRETATION
• To assist judges in interpreting statutes there exist various aids that they may refer to.
• Aids to statutory interpretation are divided into internal aids and external aids.
• These are sometimes referred to as intrinsic aids and extrinsic aids to interpretation.
 INTRINSIC AIDS
Internal aids are those contained in the statute itself and consist of:

• The long title of the Act

• Explanatory notes

• Other sections of the Act

• Definition sections in the Act

• Presumptions

• Rules of Language
 PRESUMPTIONS

Where a statute does not expressly provide otherwise, it is presumed the following apply:

• Statutes do not operate retrospectively

• Existing rights are not to be interfered with

• Statutes do not change the common law

• mens rea is required for criminal liability

Sweet v Parsley [1970] AC 132 House of Lords

A school teacher let her house out to students. The students were smoking cannabis in the
house. She was unaware of this activity. She was charged with an offence of being concerned
with the management of premises which were being used for the purposes of smoking
cannabis contrary to s.5(6) of the Dangerous Drugs Act 1965. The statute did not state any
requirement of mens rea of the offence.
Held:
The House of Lords looked at the common law before the statute was made. The common law
required knowledge of the activities in order to impose liability. Thus the presumption that
statutes do not change the common law was applied in addition to the presumption that mens
rea is required where the offence is a true crime as oppose to a regulatory offence.
 RULES OF LANGUAGE

There are three rules of language applied by the courts:

• Ejusdem generis rule

• Expressio unius est exclusio alterius

• Noscitur a sociis
 EJUSDEM GENERIS
• Latin expression meaning : of the same kinds, class, or nature
• When a list of two or more specific descriptors is followed by more general descriptors, the
otherwise wide meaning of the general descriptors must be restricted to the same class, if
any, of the specific words that precede them. For example, where "cars, motor bikes, motor
powered vehicles" are mentioned, the word "vehicles" would be interpreted in a limited
sense (therefore vehicles cannot be interpreted as including airplanes)
• This applies where a statute contains a list of items followed by other. When the courts are
determining what counts as 'other' they will look at the context of the things in the list. E.g.,
a statute states it applies to dogs, cats, cows, and donkeys which are domesticated animals, it
would apply also to horses but not to leopards.
Powell v Kempton Park [1897] 2 QB 242 House of Lords

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 Tattersall's
enclosure at Kempton Park Racecourse.
Held:
The court applied the ejusdem generis rule and held that the other items mentioned in the
statute related to places indoors whereas Tattersall's enclosure was outside. There was thus no
offence committed.
 EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS
• Latin expression meaning : the express mention of one thing excludes all others
• The express mention of one thing excludes all others. So if a statute stated it applies to dogs
and cats (without stating and other) it would only apply to dogs and cats and not horses and
donkeys
• Items not on the list are impliedly assumed not to be covered by the statute or a contract
term. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually
indicated by a word such as "includes" or "such as."
R v Inhabitants of Sedgely (1831) 2 B & Ad 65

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
• Latin expression meaning : a word is known by the company it keeps
• When a word is ambiguous, its meaning may be determined by reference to the rest of the
statute
• 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. Eg if a statute stated it applied to cat baskets, toy mice, flea collars and food,
under this rule a loaf of bread would not be within the remit of the statute. See:
Inland Revenue v Frere [1964] 3 All ER 796 House of Lords

The respondent sought to deduct the interest paid on a short term loan from his income for the
purposes of assessing his liability to pay tax. The Income Tax Act of 1952 allowed "the
amount of interest, annuities or other annual interest" to be deducted from the income.
Held:
Under the noscitur a sociis rule, the mention of amount of interest related only to annual
interest as the other items related to annual payments. The respondent's interest payment was
not an annual interest payment and therefore he could not deduct it from his income and he
was required to pay tax on it.
 NOTE:
• When a word is defined as having a particular meaning in the enactment, it is that meaning
alone which must be given to it in interpreting the said section of Act unless there be
anything repugnant in the context. When the definition starts with the term “mean” such and
such, the definition is prima facie restrictive and exhaustive and it restricts the meaning of
the word to that given in the definition section. But where the definition starts with the term
“include” such and such the definition is prima facie extensive. Again when the word is
defined as “means” and includes such and such, the definition would be exhaustive.
 EXTERNAL AIDS: MOSTLY SEEN WHILE
APPLYING THE PURPOSIVE APPROACH

• Dictionaries
• text books
• Academic writings
• Law Commission Reports
• Case law from other jurisdictions
• Legislative history