Statutory Interpretation: Aids

Question 1

Intrinsic Aids:

Materials within the Act itself

Answer 1

Short and Long title

Preamble- No longer added to modern Statutes, seen in older Acts.

Interpretation Section-

Dangerous Dogs Act: Owner commits offence if dog is ‘dangerously out of control in public place’ S10 interpretation section defines ‘public place’ as ‘any street/road/place public have access to’.

Other Sections- More Interpretation

Grammar and Punctuation

Question 2

Notes in Margins of Acts

Answer 2

It is on the Act but it is extrinsic because it has been written on by a publisher or lawyer AFTER the Act was published.

Question 3

Extrinsic Aids:

Materials other than the Act Itself

Answer 3

Interpretation Act 1978- Act containing words and phrases that often cause difficulty for judges e.g. if Act says ‘he’ it also applies to ‘she’.

Dictionaries- Flack v Baldry: defined discharge in case about a stun gun being possessed. Held guilty because dictionary said discharge meant emit, stun guns emit electricity.

Royal Law Commission- controversial because it is a political document. Identifies what Parliament needs to remedy/should remedy once implemented. R v Inglis: LC report on murder, manslaughter and infantacide used to define ‘mercy killing’.

Explanatory Notes- Introduced to reduce need to look at Hansard. Written by parliament to explain purpose for bill & explains ways to apply it etc.

Books.

Question 4

Hansard:

Account of Daily Proceedings in Houses of Commons and Lords.

Answer 4

Extrinisc Aid- Controversial because it is a political document and goes against seperation of powers.

1st use Pepper v Hart:

Hart teacher who refused to pay tax. Pepper wanted to tax children for having free education. Act involved was so vague Hansard was used. Set of rules for using it made:

1. There must be a clear and unambiguous statement in the Hansard Report.
2. It must be made by the Minister or person promoting the bill.
3. The statement must clearly solve the interpretation issue.

Question 5

Hansard:

Advantages

Disadvantages

Answer 5

Advantages

1. Would be wrong to ignore clearer interpretation
2. Courts aren’t bound by it, it is just an aid
3. Haven’t had any issues involving political influence so far

Disadvantages

1. Political Document, Bill of Rights 1689 says it’s against rule of law for judges to asses what MP’s say during Parliamentary sessions. Judges shouldn’t question Parliament.
2. If what the minister said was so clear, why wasn’t it in the Act? Must have been left out for a reason.
3. Looking at Hansard undermines previous decisions that may have interpreted the Act a different way.