aids to interpretation

Question 1

aids to interpretation

Answer 1

• judges will need to be aided when interpreting statutes,
• they use a combination of Intrinsic and Extrinsic aids,

Question 2

what are intrinsic aids?

Answer 2

• internal aids,
• found within the act that is being interpreted and can give further clarification on what words or phrases mean,

Question 3

what are extrinsic aids?

Answer 3

• external aids,
• things outside the Act itself,

Question 4

intrinsic aids

Answer 4

• the Long and Short Titles,
• name of the Act, which can be of little help,
• some statutes have a long title, which explains what the act is trying to achieve:
  . e.g. The Abortion Act 1967,
• “An act to amend and clarify the law relating to the termination of pregnancy by registered medical practitioners”,

Question 5

preambles

Answer 5

• older Acts have a detailed preamble which outlines what the statute covers and it’s purpose,

Question 6

marginal notes and headings

Answer 6

• marginal notes usually added by person drafting the Act and some sections of the Act may also have headings -> both can provide guidance for the Judge,
• aren’t given equal weighting with the actual words of the Act as they are not debated within Parliament - they are placed in the Act afterwards by a draftsperson,

Question 7

schedules

Answer 7

• acts often contain schedules, which are found at the end of the Act and include more detailed clarification,
• e.g. schedules of the Unfair Contract Terms Act 1977, outlines the tests for determining what is reasonable in a contract,

Question 8

interpretation sections

Answer 8

• most acts now contain these sections,
• example -> Road traffic Act 1995,
• section (3) explains that in this Act “notice” means written notice,
• example - Theft Act 1968,
  . Section 10 explains that for aggravated burglary, “a weapon of offence” means “any article made or adapted for use for causing injury”,

Question 9

other parts of the Act

Answer 9

• Judges can look at other parts of the Act that may be relevant,
  . e.g. R v Bloxham,

Question 10

newer statutes contain a purpose section

Answer 10

• usually contained at the beginning of the Act and sets out the objectives or purposes of the Act,
• example; the Climate Change and Sustainable Act 2006,
• this states that the principal purpose of the Act is ‘to enhance the UK’s contribution to combating climate change’,

Question 11

Extrinsic aids

Answer 11

• extrinsic aids (or external aids) are materials found outside the Act that may be referred to by the judge,

Question 12

dictionaries

Answer 12

• can be used to find the literal meanings of ‘the words in dispute’,
  . example: DPP v Cheeseman,
• dictionary from the time of when statute was drafted was used by the Judge to interpret the meaning of the word ‘passengers’,
• aid is therefore specifically useful for Literal and Golden rules,

Question 13

previous acts

Answer 13

• previous acts may be referred to by the Judge,
  .example: Smith v Hughes,
• act was amending the old law relating to prostitutes and soliciting in public,
• Judge had to look at old law which was being amended by new law, in order to make sense of changes and discover the gap that existed in the law,

Question 14

interpretation Act 1978

Answer 14

• Act specifically made to help Judges when interpreting statutes,
• provides definitions of certain words which are commonly used;
  . e.g. section 6 states if a masculine version of a word is used, it shall include the female version and vice vera,
• so if act refers to policeman, includes female police officers too,

Question 15

explanatory notes

Answer 15

• since 1999, all newly drafted Acts have been issued with explanatory notes,
• not part of the act so could be considered an external rather than internal aid,
• written by draftsman once Act has been debated and given Royal Assent,

Question 16

international treaties

Answer 16

• when Judges are interpreting Acts which have been brought in to comply with EU laws, they may need to look at the objectives of the International Treaty to help make sense of the changes,

Question 17

hansard

Answer 17

• when an Act is being debated in Parliament, the content of the discussions is recorded in a document called Hansard,
• this can help a judge understand what the main issues were in the debate and why certain phrases or words were used,
• since the ruling in a case called Pepper v Hart in 1993, Judges are allowed to refer to Hansard when interpreting statutes, but only in three circumstances,

Question 18

three circumstances where judges can refer to Hansard

Answer 18

1. act must be ambiguous or obscure, or a literal interpretation would lead to an absurdity,
2. judges may only refer to Statements made by a Government Minister or another promoter of the Bill,
3. the statements must be clear in order to be relied on,

Question 19

law commission reports

Answer 19

• when areas of the law need reformed, the Law Commission and/ or Royal Commissions will investigate what exactly needs to be reformed and suggests how the changes should be put into place,
• they will prepare a report and usually will attach a draft Bill which helps the Government decide what to put in the new Act,
• reading these reports can give the Judge some context into why the Act was brought in and the general purpose of this piece of law,