extrinsic and intrinsic aids Flashcards
List the 1st presumptions with a case
Common law is not changed unless the act expressively says so ( R v shivpuri you cant be convicted then it said you can by being reversed)
list the 2nd presumption with a case
The queen isnt bound (human rights act 1998)
list the 3rd presumption with a case
criminal offence means no mans rea (Sweet V parsley not knowing her property was used for cannabis growth)
list the 4th presumption with a case
The law should act retrospectively (war crimes act)
List the instrinsic aids
Short titles
Long titles
Other sections of the act
Draftsmans notes
List all the extrinsic aids
Explanatory notes are documents that note how or why an act has passed, aiding interpretation
Similar acts of parliament
Law commission reports
Hansard but only used in the exceptional circumstances can only be used: by a minister to shed a light on parliament intensions, legislation is ambiguous
What legislation matches explanatory notes for extrinsic aids
Concessionatu bus and travel act 2007
What act matches similar acts of parliament as an extrinsic aid
Donehuhe v Stephenson duty of care act
What act matches the law commission report
Coroners and justice act 2009
What case matches the extrinsic aid of Hansard
Pepper v hart
What are the positives of extrinsic aids
Hansard and law commission reflect parliaments true intentions
Dictionary’s are quick to use
What are the positives of instrinsic aid
They’re quick to use and interpret
What are the negatives of extrinsic aids
Hansard is limited to its use
Law commission is time consuming
Need a purposive approach to use them
What are the negatives of instrinsic aids
Titles can be misleading to what’s in the act
People who use literal are more likely to use instrinsic
