Statutory Interpretation - Aids of Interpretation

Question 1

What are the two types of aids?

Answer 1

Intrinsic and Extrinsic

Question 2

What is an Intrinsic Aid?

Answer 2

An aid of interpretation within the statute

Question 3

What is an Extrinsic Aid?

Answer 3

An aid of interpretation outside the statute

Question 4

Give 4 examples of Intrinsic Aids

Answer 4

1) Long and Short Titles
2) Preambles
3) Marginal Notes
4) Headings

Question 5

What is a preamble?

Answer 5

A long introduction which explains the purpose of the Act

Question 6

What are Marginal Notes?

Answer 6

Notes which explain words, phrases or sections.

Judges must follow the wording if it contradicts the Marginal Notes

Question 7

Give 4 examples of Extrinsic Aids

Answer 7

1) Hansard
2) Dictionaries
3) Law Reports
4) HRA 1998

Question 8

Give 3 advantages of Aids of Interpretation

Answer 8

1) Preamble explains an Acts purpose
2) Hansard is undisputable
3) Explanatory Notes Provide a specific summary of the section

Question 9

Give 3 disadvantages of Aids of Interpretation

Answer 9

1) Short title can be vague e.g: Criminal Justice Act
2) Explanatory Notes could be to brief
3) Not all Statutes have an interpretation section so the judge must use a dictionary.