tools - intrinsic & extrinsic aids

• Where are intrinsic aids used?

  within the statute itself
• Where are extrinsic aids used?

  outside of the act
• what are the intrinsic aids?

  • short & long title
  • interpretation sections
  • schedules
  • marginal notes & headings
  • premable
  • punctuation
• explain short & long title

  short title - hints at what the law does (topic)

  long title - outlines aims of act
• give the case example for short & long title

  Law of property act 1925
• explain interpretation sections


  provide definitions of words used in the statute
• give the case example for interpretation sections & why it's significant

  Theft act 1968 - definition of theft located in section 1
• explain schedules


  elaborate by providing additional information or appendices
• where are schedules found?

  at the end of the act
• give a case example for schedules and state how it's significant

  Equality act 2010 - contains 28 schedules
• explain marginal notes & headings

  references to aid interpretation & the wording of the act should be followed if marginal notes contradict the wording
• explain premable


  provides an indication of the purpose of the act
• what type of acts is the premable mainly found in?


  older acts
• give the case example for punctuation

  DPP v Schildkamp 1971
• what did lord reid say in this case?

  "cross-headings, side notes and punctuation may be taken into account"
• what are the extrinsic aids?

  • earlier statutes
  • historical setting
  • interpretation act 1978
  • dictionaries
  • government publication
  • human rights act 1998
  • hansard
• explain earlier statutes


  helps judges see patterns
• explain historical context


  provides context
• give the case example for historical context and state how its significant

  Royal college nursing v DHSS 1981 - allowed nurses to administer hormonal abortion medication
• explain interpretation act 1978

  provides standard definitions of common provisions e.g. he/she
• explain dictionaries


  • useful in finding literal meaning of words
  • judges required to use relevant oxford dictionary at time act was passed
• give the case example for dictionaries

  Cheeseman v DPP 1990
• explain government publications


  law commission reports etc
• explain hansard


  the official daily record of parliamentary debates
• what case did lord denning admit to using hansard when he wasn't supposed to?

  Davis v Johnson 1979
• What case overruled davis v johnson allowing the use of hansard?

  Pepper v hart 1993
• What 2 reasons were hansard only allowed to be consulted under?

  • act must be ambiguous, obscure, or lead to absurdity
  • only comments made by the minister can be used
• EVALUATION OF HANSARD:
• give the advantages


  • useful
  • foreign jurisdictions
  • media
• explain useful


  provides clarity on parliament's views
• explain foreign jurisdictions


  foreign jurisdictions use legislative materials to aid interpretation so why shouldn't we?
• explain media


  parliamentary debates are reported into the media so why can't they be used in court?
• give the disadvantages


  • lack of clarity
  • not always helpful
  • time and expense
• explain the lack of clarity


  debates don't necessarily clarify the meaning of an act
• explain not always helpful

  courts may reach the same verdict without using hansard