Statutory Interpretation: Intrinsic Aids

Question 1

What are the types of intrinsic aids?

Answer 1

Titles of Statute
Preamble
The Words
Punctuation
Marginal Notes
Interpretation Sections
Other Sections of Act

Question 2

What is the Title of the Statute?

Answer 2

All statutes have a long and short title
In Royal College of Nursing v DHSS long title - Act to amend/clarify law relating to termination of pregnancy by RMP

Question 3

What is the Preamble?

Answer 3

Older statutes have an intro paragraph which follows title
Outline P’s purpose

Question 4

What is The Words?

Answer 4

Judge may use any words in the statute to understand the statute and gather P’s true intention through words used

Question 5

What is Punctuation?

Answer 5

Courts must take account of the punctuation used

Question 6

What are the Marginal Notes?

Answer 6

Offer guildelines added by draftsman after its passed by P
Not written by P
Shouldn’t be regarded as P’s intent

Question 7

What in the Interpretation Section?

Answer 7

Explain meaning of key words
E.g., S.4 Theft Act 1968 explains property

Question 8

What are other sections of the act?

Answer 8

Other sections may be helpful to interpret law
E.g., Harrow LBC v Shah and Shah - section in qs didn’t provide defence as it was clear others did