Extrinsic Aids Flashcards
intro [paragraph 1]
Extrinsic Aids to Statutory Interpretation are external sources that judges may use when they are trying to interpret the meaning/purpose of a statute. There are 3 main extrinsic sources that judges use.
Hansard [paragraph 2]
The first is Hansard, which is a written record of everything that has been discussed in parliament. Prior to 1993, judges couldn’t refer to Hansard as it was feared that judges may rely on something that could have changed later on in the legislative process.
It was not until Pepper v Haut when 5 out of 7 judges agreed judges could be used but only if: a) the legislation is ambiguous or obscure, or leads to an absurdity, b) the material relied on consists of one or more statements by a minister or other promoter of the bill and c) the statements made are clear. Only if these 3 criteria are met can a judge use Hansard.
Dictionaries [paragraph 3]
Another, are dictionaries which are helpful for interpreting the meaning of words when using the Literal/Golden Rule. Judges must only use a dictionary published the same year as the act of parliament.
An example of this was in R v Maginnis in which the defendant (D) was charged with having drugs in his possession with the intent to supply under the Misuse of Drugs Act 1971. D admitted they were his friends dugs and he was intending to give them back to them but when the judges looked at the 1971 definition of ‘supply’, the D was found to be guilty.
Law Reform Bodies [paragraph 4]
The final one are Law Reform Bodies, which are groups of experts asked by parliament to look at changing the law. Some new acts of parliament are based on reports written by the Law Commission, for example the Fraud Act 2006 famously based on a 2002 Law Commission report.
For example, in the case of DPP v Bull, a male prostitute under the Street Offences Act 1959 for ‘soliciting’. He was found not guilty, as the court referred to the Wolfenden Report 1956, on which the act was based, recommended the law only apply to female prostitutes.
