2A.3.2 Aids to interpretation Flashcards
What is an aid to interpretation?
A tool/device which can be used to help interpreting a statute
Types of aids to interpretation
- Intrinsic/internal aids
- Extrinsic/external aids
Intrinsic/internal aids
These are within the particular act the judge is looking at for the case
Extrinsic/external aids
These are outside of the particular act the judge is looking at for the case.
Intrinsic aids
- Long title/Short title of the act can be referred to for guidance
- Interpretation section
- Preamble
- Marginal Notes
- Schedules
- Punctuation has an effect on the meaning of words
[Instrinsic aids]
Long title/Short title of the act can be referred to for guidance
- In Royal College of Nursing v DHSS the judges referred to the long title of the Abortion Act 1967.
- “An act to ament and clarify the law relating to termination of pregnancy by registered medical practitioners”
- May remind the court what parliament was trying to achieve.
- Quick and easy to consider.
[Instrinsic aids]
Interpretation section
- Newer acts contain interpretation sections that explain key words in the act – useful for technical/medical acts.
- s10 Theft Act 1968 refers to a “weapon of offence” and defines it in the interpretation section.
- Can help to interpret specific words. Good for technical statutes / when literal rule used.
[Instrinsic aids]
Preamble
- Older acts have a statement at the start of the act settling out its purpose.
- Newer acts may not have one or it may be brief. E.g. Theft Act 1968 stated in its preamble that it aimed “to modernise the law of theft”.
[Instrinsic aids]
Marginal Notes
- Explain different sections.
- Not generally regarded as giving Parliament’s intention as they are put in after parliamentary debates by the person drafting the act.
[Instrinsic aids]
Punctuation has an effect on the meaning of words.
- E.g. “The panda east shoots and leaves” is different from… “The panda eats, shoots and leaves”.
Case: Hanlon v Law Society - Lord Lowry said that judges should look at the importance of punctuation when interpreting Acts of Parliament.
Extrinsic aids
- Previous acts
- Legal textbooks
- Explanatory notes
- Law Commission or other law reform body reports
- International Treaties
- Dictionary
- Hansard
[Extrinsic aids]
Previous acts
Acts have relevance in tracing the mischief that an act was designed to tackle. The interpretation Act 1978 defines particular terms that are found in a range of statutes.
[Extrinsic aids]
Explanatory notes
- Acts passed since 1999 have been accompanied by Explanatory notes
- These notes summarise the main provisions of the Act and explain the background to it. The government department responsible for the legislation writes them after the Act has been passed.
- The Fur Trade Act, for example, is quite a short Act though it has an explanatory note some eight pages long. This explains the main purpose of the Act {‘to prohibit fur farming’}, as well as summarising and commenting on the various sections.
- Explanatory notes are written in much more readable language than Acts.
[Extrinsic aids]
Law Commission or other law reform body reports
- An act is often preceded by an investigation by one of the bodies set up by the government to investigate options for reforming the law. These bodies produce reports on their findings and recommendations, which the government may adopt into a bill.
- e.g. Black Clawson case
[Extrinsic aids]
International Treaties
- It is presumed by the courts that Parliament does not legislate in a way that would be a clear breach of a treaty signed by the UK government.
- e.g. Treaty of Rome
