Aids to interpretation

• Intrinsic/internal Aids:

  1. Short and long title
  2. Preamble
  3. Interpretations sections
  4. Punctuation
• Short and long title

  e.g. Law Reform (Year and Day rule) 1996 tells judges that the Act is somehow changing the Year and Day rule.  The Long title says it is in fact abolishing the Year and a Day rule in relation to murder.
• Preamble

  para at the beginning of an Act which sets out what it is about.  Only found in older Acts.
• Interpretations sections

  e.g. in Law Reform (Year and a Day rule) Act 1996, it defines ‘fatal offences’ as including infanticide.  Helpful for judges but not always done in every Act.
• Punctuation

  can make a big difference, especially when using the literal rule and the golden rule.
• Extrinsic/external Aids:

  1. Dictionary
  2. LC Reports
  3. Hansard
  4. Human Rights Act 1998
• Dictionary 


  of the time of the Act to get the meaning of the word when the Act was passed.  Cheeseman – ‘passengers’ meant passing through or using for it’s purpose.
• LC Reports

  if the Act was brought in as a result of a LC report it may include explanation as to meaning.  E.g. Fraud Act 2006 uses same meaning of dishonesty as the Theft Act 1968.
• Hansard

  daily record of parliamentary debates.  Pepper v Hart stated that judges can now consult Hansard to find the intent of Parliament.
• Human Rights Act 1998

  states that Act must be interpreted to give effect to human rights. E.g. in Mendoza, the Rent Act was interpreted as including same-sex partners to avoid discrimination.