Statutory interpretation - Aids

Question 1

Intrinsic aids

Answer 1

Refers to help that is found inside the statute which the judge is interpreting.

Question 2

*Short Title - gives indication of what statute is about

Answer 2

LNER v Berriman where The Fatal Accidents Act 1846 was concerned with minimising the deaths caused by fatal accidents.

Question 3

*Definitions section - important to define words in an Act, especially if that word has more than one meaning.

Answer 3

Oxford v Moss where the court looked at the definitions section of the Theft Act 1968 to find the definition of property and it was held that confidential information on paper did not amount to intangible property for the purpose of the crime of theft.

Question 4

Headings - used throughout the statute to divide that statute into sections.

Answer 4

The Theft Act 1968 - three headings from Act:

1. The Theft Act 1968
2. Basic definition of theft
3. Appropriates and Property.

Question 5

Marginal notes - a section by section summary of an Act. The parliamentary counsel office adds them and they are answerable through the cabinet office to the Prime minister.

Answer 5

R v Montila and others the court has to decide how much weight would be given to marginal notes. The court held that as they weren’t deduced by parliament, they did not have to be followed but they were there for guidance.

Question 6

Extrinsic aids

Answer 6

Refer to help found outside the statute which the judge is interpreting.

Question 7

*Official Law reform reports - recommends law reform

Answer 7

Black Clawson International LTD v Papierwerke stated that official law reform reporst can be used to discover Parliament’s intension.

DPP v Bull the court looked at a law reform report written by the law commissioner when deciding if the Street Offences Act 1959 referred to male as well as female prostitutes. The court held it did not.

Question 8

*Dictionary - help judges interpret key words within a statute which parliament has not defined in the definitions’ section.

Answer 8

DPP v Cheeseman used a dictionary to find a definition of the word “passengers”.

Question 9

Hansard - It is an edited record of all proceeding in Both Houses of Parliament. All debates which take place when a bill is being passed are recorder in Hansard.

Answer 9

Davis v Johnson did not allow Hansard. Lord Mackay said: “as it would open the floodgates to lawyers in every case referring to Hansard causing cases to become more costly and time consuming.

Pepper v Hart allowed the use of Hansard if:

1. The words are obscure
2. The minister has made a statement
3. That the statement is clear.