Detailed Report: Statutory Interpretation, Rules, and Case Studies

This report offers a comprehensive analysis of statutory interpretation, a crucial process in law for understanding and applying legislation. It begins with an introduction to the concept, emphasizing its role in ensuring laws are interpreted correctly and justly. The main body delves into the interpretatio...Read More

Statutory Interpretation

INTRODUCTION...........................................................................................................................4
MAIN BODY..................................................................................................................................4
Interpretation of statues process.................................................................................................4
PART 1............................................................................................................................................6
Based on statutory interpretation grounds intention and interpretive technique is to be marked
in relation over sustainability of prosecutor’s objection..............................................................6
CONLUSION..................................................................................................................................7
REFRENCES...................................................................................................................................8

INTRODUCTION
Statutory interpretation is the act or process that has been helping in making
interpretation done over analyzed legislation. These are those kinds of principles which has been
developed by court in order to make sure statutes is been interpreted in proper manner. Also at
times statute has direct meaning to be explained through its language. This is considered as one
of the most important factor which is been used for providing justice in proper and affective
manner. Statutory interpretation is referred as that kind of rules and regulations which has been
mentioned within various kinds of legislations. Such interpretation makes laws to be applied in
its real sense. Scope of these laws is wider in nature since they make meaning of law to be
understood in proper manner. Nature of statutory interpretation is dynamic since it has tendency
over impacting law and order within society. Further the file is divided into two parts first part
explains about interpretation process and second part covers about PSA and interpretation act.
MAIN BODY
Interpretation of statues process
The modern approach to statutory interpretation has been emphasized upon making clear
meaning of statute to be understood word by word. Further modern approach has been placing
greater importance which is based upon understanding law in relation of statutes. Also it makes
judges develop sense of responsibility over interpretation by making more detail law understood.
Modern approach makes interpretation of statutes done in proper manner. Further the approach
makes interpretation of statutory laws possible in more effective manner. Also it has been using
over to find the meaning of the words actually used: consideration of context and purpose does
not allow adoption of an interpretation that pays no regard to those words, or expands its scope
‘beyond its textual limits’. Therefore, the courts have repeatedly stated that, even though it does
not end there, ascertaining the proper interpretation of a statute commences with a consideration
of the words of the provision itself (Harris and Walker, 2019). In this modern approach over
statutory interpretation require certain principle to be followed over making interpretation of
words possible. There are five key features which makes interpretation of statues possible which
is explained as follows:
 The very first principle which is required to be followed in relation to statutory
interpretation is to understand the context and purpose of making statute is understood
within it. In this a statutory legislation is been understood that means grammatical
meaning of it’s is also understood.
 Considering various purpose which is required over making statute which makes
interpretation possible which makes rules used to be applied in relation to attain remedy.
In this principle legislation over subjective intention is developed in order to understand
validity of legislation.

 Legislation is required to be intended over making harmonizing in relation to goals
behind creation of statue.
 Legislative provisions should not be read to exclude fundamental rights, or to depart from
the ‘general system of law’. It means that statues should not break basic framework of
constitution in any manner.
There are three main rules to interpret a statute which are the literal, golden and mischief
rule and also the integrated approach, known as the purposive approach. These rules makes
various kinds of elements of statute be analyzed in more effective manner. Further rules have
been explained with examples as follows:
The literal rule which means when the original meaning of statute is understood through
making proper interpretation of it. In order to understand this rule and important case law has
been explained is Fisher v Bell in this case defendant is shopkeeper and displayed flick knife
with a price over it and has been offering it for sales. As per Restriction of Offensive Weapons
Act 1959 such weapons cannot be kept for selling. Further court held that the phrase “offer for
sale” was to be taken literally, in accordance with its meaning in contract law, and that the
shopkeeper’s display of the weapon was no more than an invitation to treat. It was presumed that
Parliamentary draftsmen know technical legal language thus common law expression was not
altered (Neudorf, 2018).
The golden rule is just the extension of literal rule which is narrowed in wider sense to be
used within application of the absurdity of literal rule. Also to understand the rule one of the
most important case law is Adler v George in this case court observed that there is clear intention
of the Act and Adler was guilty of the offence. Then also court makes sure that golden rule
applied is been able to explain statute in more effective manner. Also in light of Section 46 of the
Administration of Estates Act 1925 which explains about where a person dies intestate leaving
children but no spouse, the estate passes to the children. So, in this case defendant has murdered
his mother which does not have made inherit of estate kin by making issue. Further court made
applicability of golden rule and made it clear that issue arises inherit over entitle about deceased
killed his mother.
Then come mischief rule that has allowed judges to discreet and covering the gap existing
within statute which is required covered. For understanding this relevant case law is Corkery v
Carpenter which is based over the Licensing Act 1872 this makes stipulations upon which
offence is to be drunk and charged which makes carriage. In this case court held that Corkey is
guilty over terms of driving cycle (Steele, 2018).

Further these rules have been helping making law interpretive in more effective manner.
This helps in making law to be applied in more effective manner which makes clear
interpretation created about the applicability of law in an case. Also these three rules acts as basis
for making every point of statute interpretive by judges in more précised manner with efficiency.
Also in order to make law evaluated in proper manner interpretation of statute is very much
required. This has made development of proper step possible in relation to interpretation of
statute which has been explained as follows:
 First it is required to understand about the legislation first and seek that which laws is
applied within it.
 Second it is required by judges to go through the facts of cases in detail to seek that law
chosen is applicable in the case or not.
 Third step judge should explain about statute which makes both party understand about it
in more effective manner.
 This appropriate legislation should be explained through applying any of the three rules
within it. This makes proper understanding developed about the law and also remedy
available against wrong that has been committed.
PART 1
Case scenario: In this case on 28th February 2021 Daniel smith 21 years of age broke into car
and drove in reckless manner which makes streets of suburban Rockhampton. Before crashing
within the pole he also got coiled within various cars. For this he was charged for unlawful use
of motor vehicle and dangerous operations of motor vehicle. Though his lawyer has entered plea
guilty in relation to both charges within the court and was prosecuted within Criminal Law
(Mature offenders) Amendment Act 2021. In this task section 3 of CLMOA has been interpretive
over section 9 of penalties and sentence act 1992.
Based on statutory interpretation grounds intention and interpretive technique is to be
marked in relation over sustainability of prosecutor’s objection
Since statutory interpretation is one of the most effective thing which makes various laws
and regulation to be interpretive within court of law. This regulation helps in providing authentic
value to the statutory laws used within the case. Statutory interpretation is done by judges and is
been used as an tool for making law more strong in nature. Further doing interpretation of laws
judges are required over keeping various things in mind like they should check the facts in detail,
authentication is to be shown over the law applied (Wang, 2018). Then sections are required to
be discussed within which offence has been proved or individual is accused for. Retrospective
operations of law is implied within various applications of law is based upon facts which has
made enactment of law possible. Further such laws makes impair over existing imposition of
liability over an act that has been used within law. Also enactment is been provided which deem

over making impact over a case in retrospective manner. Further it is based upon rights and
obligation which makes construction or basic framework to be maintained. In this existing laws
can be used that makes retrospective developed at the time of judgement. Statute formed cannot
be based over harming of substantive rights over operations of law and if it affects procedure of
law then it cannot be considered as valid law. Four most important Presumptions - A
presumption against the change in the common law. - A presumption that mens rea is required in
criminal cases. - A presumption that the crown is not bound by any statute, unless specifically
stated so.
There are four major kinds of presumption which is been formed on the basis of
assuming various condition existing within law. Such presumptions are change against common
law which means that common laws is been made by judgement passed by judges within a
particular court and has been based upon existing situation within society. These judgements can
be used in future for reference within case of similar nature. Such laws cannot be considered as
statutes by can only be used at the time of emergency. Other presumption is criminals laws
within which two element is been present mens rea and mens ra based over motive and purpose
of criminal act taken place. It is considered as presumption because no statute can prove criminal
offence until motive and purpose is been justified. Other presumption is that crown cannot be
bound by statute. Since constitution of UK provides separate provision for removing Crown
which cannot be violated by any statute (Wilhere, 2017).
In the above case scenario it can be observed that new amendment is done in relation to
Criminal Law (Mature offenders) Amendment Act 2021 with section 3 of CLMOA has been
interpretive over section 9 of penalties and sentence act 1992. This is to be interpretive with the
help of golden rule which makes more precise meaning to be formed.
CONLUSION
From the above discussion it can be concluded that statutory interpretation is the process
by which an law is been understood more. Statutory interpretation is been done by judges for
increasing validity of a law in the eyes of law. Also statute means making more detail
understanding developed over law. In these file basics of interpretation of statute is covered and
then various kinds of elements is explained in relation over statute. Then in the end case study is
covered which explains about retrospective approach in relation to statutory interpretation.

REFRENCES
Books and Journals
Bailey, D., 2020. Bridging the gap: Legislative drafting practice and statutory interpretation.
PUBLIC LAW, (2), pp.220-229.
Beazley, M.J., 2018, November. Administrative law and statutory interpretation: Room for the
rule of law?. In AIAL Forum (No. 93, pp. 1-13).
Davidson, A., 2020. Extraterritoriality and statutory interpretation: the increasing reach of
investigative powers. PUBLIC LAW, (1), pp.1-14.
Dietrich, J., 2019. Statutory Interpretation and Private Law Obligations. In Statutory
Interpretation in Private Law (pp. 58-76). Federation Press.
Harris, A. and Walker, A., 2019. Interpretation of ‘Unnatural Death’in Coronial Law: A Review
of the English Legal Process of Decision Making, Statutory Interpretation, and Case Law:
The Implications for Medical Cases and Coronial Consistency. Medical law review,
27(1), pp.1-31.
Neudorf, L., 2018. Taking Comparative Law Seriously: Rethinking the Supreme Court of
Canada’s Modern Approach to Statutory Interpretation. Statute law review, 39(2),
pp.184-210.
Steele, J., 2018. Statutory Forebears: Legislative Evolution as a Means of Statutory
Interpretation. Statute Law Review, 39(3), pp.303-318.
Wang, S., 2018. Guiding Cases as a Form of Statutory Interpretation. Hong Kong Law Journal,
48(3).
Wilhere, G.F., 2017. The role of scientists in statutory interpretation of the US Endangered
Species Act. Conservation Biology, 31(2), pp.252-260.