0.9 - Aids to interpretation

Question 1

What do ‘aids’ offer to judges?

Answer 1

‘Aids’ offer extra help for judges when they are interpreting statutes.

Question 2

What are intrinsic/internal aids?

Answer 2

These are within the particular act the judge is looking at for the case.

Question 3

What are some examples of intrinsic/internal aids?

Answer 3

Preamble (older acts with a statement at the start of the act setting out its purpose) & long title, which may give some clues that will help with the mischief rule or purposive approach.
Explanatory notes included in the margin to show what a section is about.
Interpretation section that explains key words in the Act.
Schedules at the end of the Act may clarify particular points.

Question 4

What are extrinsic/external aids?

Answer 4

These are outside of the particular act the judge is looking at for the case. Have been allowed since Pepper v Hart when wording is ambiguous.

Question 5

What are examples of extrinsic/external aids?

Answer 5

The historical context of the Act, for example, the Offences Against the Person Act 1961 uses the word ‘grievous’; this word is no longer in common usage, but it was when the law was drafted.
Dictionaries and legal textbooks.
Treaties with international law in order to give continuity to the meaning of words.
Previous acts.