intrinsic and extrinsic aids

Question 1

what does intrinsic aids meba

Answer 1

found in Act itself, judges use other parts of Act to try and understand word/phrase

Question 2

short title (intrinsic)

Answer 2

• formal name of act
• eg, Abortion Act 1967
• eg, Christmas Day Trading Act 2004

Question 3

long title (intrinsic)

Answer 3

-explanatory, gives more detail about Act
-eg, Abortion Act 1967, act to amend and clarify law to termination of pregnancy by medical practitioners
-eg, Christmas Day Trading Act 2004, prohibit opening of large shops on XMAS day and restrict loading/ unloading of good
SHOPS THAT ARE BIGGER THAN 280m^2 MUST ABIDE BY LAWS

Question 4

schedules (intrinsic)

Answer 4

• details on what’s allowed and not allowed

- eg, allowable exceptions such as hunting allowed to damages to livestock

Question 5

what does extrinsic aid mean

Answer 5

materials outside of act that judges can use to help explain the meaning of the act

Question 6

dictionary (extrinsic)

Answer 6

-have to use dictionary fo the year of the Act as meaning of words can change over time
-eg, Cheeseman V DPP (1990), dictionary of year 1847 meant cheeseman wasn’t guilty and passengers was defined as ‘footpassenger, traveller, wayfarer’
the police weren’t travelling as they were stationed there

Question 7

interpretation act (extrinsic)

Answer 7

• uses act to clarify gender and number

- Theft Act 1968 S1, even though it states ‘he’, it refers to women too (and other genders)

Question 8

hansard (extrinsic)

Answer 8

-(records everything said in parliament)
-gives a detailed account of what was said in debates in Parliament at time of the Act
-eg, Pepper V Hart, restrictions were made:
• act must be ambiguous to use this
•statements only from minister considered (as they should know everything about the Act)
•must clearly indicate intention of Parliament