Aids to Statutory Intrepretation

What are aids to interpretation

In addition to the rules of statutory interpretation, there are also a number of "aids" (sources of help) judges can use to help them interpret statutes.

What are intrinsic aids and what are the typess

Intrinsic (or internal) aids are found "inside the Act". Examples include:

• Long and short title

• Preamble or purpose

  section

• Interpretation section

• Schedules

• Explanatory notes

• Punctuation

What is long and short title

These may give some clues as to the meaning of words used in the Act e.g Royal College of Nursing v DHSS where the court referred to the long title of the Abortion Act 1967 to help confirm its purpose

What is preamble or purpose section

Older Acts have a detailed preamble outlining what the statute covered and its purpose. Newer Acts may have an objectives or purposes section at the beginning of the Act e.g. the Climate Change and Sustainable Energy Act 2006 states it purpose is to enhance the UK's contribution to combating climate change

What is Interpretation Section

Sometimes known as a definition section, this is like a glossary of key terms e.g. S.10 Theft Act defines a weapon of offence as any article made or adapted for use for causing injury

What are schedules

These usually come at the end of an Act and contain more detailed

clarification of rules e.g. s.2(1) Hunting Act 2004 states hunting is exempt if it is within a class specified in schedule

What are explanatory notes

• These are inserted by Parliamentary draftsmen when the Act goes for printing.

• Notes may be included in the margins or as headings to show what a particular section is about.

• They are intended to act as a useful reference to aid interpretation.

• However, where contradictions exist between the actual wording of the statute and the explanatory note, the wording of the Act should be adhered to.

What is punctuation

This can and should be taken into account by judges when interpreting statutes.

What are extrinsic aids

Extrinsic (or external) aids are "outside the Act"

What are the types of extrinsic aids

• Dictionary

• Hansard

• Law Commission Reports

• Precedent

• Human Rights Act 1998

• Academic Textbooks

• Interpretation Act 1978

• Judicial Precedent

What is dictionary

Used to discover the plain, ordinary meaning of a word at the time the Act was passed. E.g. DPP v Cheeseman

What is Hansard

This is the report on debates in Parliament during the progress of a Bill. Since Pepper v Hart the Courts have been allowed to refer to Hansard in order to discover Parliament's intention. The statements of the Minister must be clear.

Law commission Reports

which led to the passing of the Act, e.g. the Coroners and Justice Act 2009.

What is precedent

Case law appropriate to the area of law.

What is Human Rights Act 1998

Judges must, as far as possible, interpret Acts of Parliament so they are consistent with human rights.

Case expressing Academic textbooks

E.g. in Dunlop v Selfridge, the Court adopted the definition of "consideration" in contract law given by the academic Pollock.

What does Statutory Interpretation Act 1978 do

gives some statutory guidance, e.g. "he" will always be "she" and singular will always include plural.