intrinsic/internal aids model answer

Cards (7)

  • These are Tools within the Act of Parliament which may help a Judge find themeaning of key words. There are numerous different Intrinsic Aids a Judge may use in doing this.
  • Judges may use both the Long Title and Short Title of the Act of Parliament. This can be helpful for interpretation as it sets out the purpose of the Act. These may help with interpretation of a Statute as the short title, such as the Abortion Act 1967 as used in Royal College of Nursing v DHSS (1981), gives the general name of the Act, whereas the Long Title gives the Aim of the Law: "An Act to amend and clarify the Law relating to termination of pregnancy by registered medical practitioners".
  • Judges may also take into consideration the Preamble. A Preamble, or opening, explains the area of Law covered by the Act. These are more common in older legislation. For example, the Preamble for the Theft Act 1968 states that it: is 'An Act to modernise the Law...as to theft', providing a brief introduction as to the aim of the Law.
  • Marginal Notes may also be considered, if included. These are added to the Act by the Draftsman (people who write the actual Law) and they may help with interpreting the Law. However, they should be seen as less important than the actual wording of the Act because Marginal Notes are not written by Parliament, they should not be regarded as the Intentions of Parliament in creating this Law.
  • Judges may also consider Schedules. A Schedule in an Act contains additional information or examples of people or situations that the Law applies to. This is usually at the end of an Act. For example Marriage Act 1949 lists the Prohibited Degrees of relatives who cannot marry under Schedule 1 of the Act.
  • Most Acts will also include an Interpretation or Definition Section that defines the key terms used throughout. This can give clarity to Judges on the meaning of the wording being used by the Legislature. For example, the Theft Act 1968 contains s.2 (defines Dishonesty), s.3 (defines Appropriation), s.4 (defines Property), s.5 (Belong to Another) and s.6 (Intention to Permanently Deprive) which all help to Interpret s.1 (definition of Theft).
  • Finally, Other Sections of the Act can also be useful. If the judge is interpreting a section of an Act they may find guidance from other sections also within said Act. For example using s.1-6 Theft Act 1968 to help with Interpreting Robbery under s.8 Theft Act 1968 or Burglary under s.9 of the Theft Act.