advantages and disadvantages of Intrinsic and extrinsic aids

Question 1

(intrinsic) Short title +

Answer 1

includes the date which means a judge can see the dictionary meaning and the mischief

Question 2

(intrinsic) Short title -

Answer 2

short title is not helpful in itself, doesn’t tell judge much and can be quite broad

Question 3

(intrinsic) Definition sections +

Answer 3

Includes a definition of key words to know what parliament intended
e.g. oxford v moss

Question 4

(intrinsic) Definition sections -

Answer 4

definition may conflict with the presumption that the statute is ‘always speaking’
e.g. DPP v Cheeseman

Question 5

(extrinsic) Hansard +

Answer 5

provides accurate detail of debates, provides judges with a good idea of intentions
e.g. Pepper v Hart

well organised in books and can be accessed online as well

Question 6

(extrinsic) Hansard -

Answer 6

includes everything so hard to understand if it represents whole of parliament of just an individual

hard to find relevant sections as it happens in both houses and includes everything said

Question 7

(extrinsic) Law commision report +

Answer 7

outline the problem parliament was trying to resolve e.g. DPP v Bull

bill is in parliament so if it then becomes a law it will give judge a clear idea of the judgement

Question 8

(extrinsic) Law commision report -

Answer 8

interpretation from the law commision not what parliament intended
e.g. DPP v Bull

debates can take weeks or months so hard for judges to find all of them, time and cost

Question 9

(extrinsic) Dictionaries +

Answer 9

Quick and easy to find definitions in dictionary when Act was passed e.g. DPP v Cheeseman

judges always using same meaning creates certainty
e.g. DPP v Cheeseman

Question 10

(extrinsic) Dictionaries -

Answer 10

words change meaning over time e.g. Adler v George

using dictionary meanings creates uncertainty in the law
e.g. DPP v Cheeseman