Aids To Interpretation

Question 1

What are aids?

Answer 1

Sources of help the judges can use to help them interpret statutes
There are intrinsic aids and extrinsic aids.

Question 2

What are examples of intrinsic aids?

Answer 2

-Long and Short Title
-Preamble or purpose section
- interpretation section
- schedules

Question 3

-Long and Short Title - E.g. in Royal College Of Nursing V DHSS court reffered to long title of Abortion act to confirm its purpose

Answer 3

Can use for clues of purpose E.g. in Royal College Of Nursing V DHSS court reffered to long title of Abortion act to confirm its purpose

Question 4

How is a preamble or purpose section an aid

Answer 4

older acts have a preamble outlining purpose, newer have purposes section e.g. Climate Change and Sustainable Energy Act 2006 states purpose is “to enhance the UK’s contribution to combating climate change”

Question 5

How is the interpretation section an aid?

Answer 5

It’s like a glossary of key terms e.g. Theft Act s. 28 defines a “weapon of offence” in aggrevated burglary as “any article made or adapted for use for causing injury”

Question 6

How are schedules an aid?

Answer 6

usually comes at end of act and contained detailed clarification of rules e.g. s.2(1) Hunting Act 2004 states “Hunting is exempt if it is within a class specified in Schedule 1.” Exempt classes set out in S. 2

Question 7

What are examples of extrinsic aid?

Answer 7

• Dictionary - used to discover plain, ordinary meaning of word at time of Act e.g. DPP v Cheeseman
• Hansard - report on debates in parliament during progress of Bill. Since Pepper v Hart, courts can refer to Hansard to discover intention
• Human Rights Act 1998 - judges must Interpret Acts so they are consistent with human rights
• academic textbooks - in Dunlop v Selfridge, court adopted definition of “consideration” in contract law given by acedemic named Pollock