Introduction

This chapter is about how to read statutory provisions that set out criminal offences. Section 1.2 explains why reading such provisions can be hard. The remaining sections describe the law on how to read them, in two stages:

• the general law on statutory interpretation, which requires readers to consider the language, context and purpose of each provision (1.3)

• special interpretation rules, which look beyond the specifics of particular provisions to their penal nature, their effect on human rights and general doctrines about all crimes or particular categories of crimes (1.4).

Understanding these regimes, as well as their interaction and limitations, is a prerequisite to understanding contemporary Australian criminal law.

While words are common to every offence provision, this chapter will focus on the variety of offences that regulate disorderly behaviour. Not only is the law of disorder the broadest part of the criminal law in terms of potential application and one of the most fraught routine interactions between the state and its citizens, but it is also a particular challenge in terms of both drafting and interpreting offence provisions, whether old or modern. As will be seen below, the most significant High Court judgment on interpreting criminal offences concerns a direct descendant of one of the first disorderly conduct statutes.