extrinsic/external aids model answer

Cards (7)

  • Judges may use External/Extrinsic Aids to help them Interpret and act of Parliament, these are aids outside the Act itself but can still influence a Judge's decision.
  • Firstly, a judge may consider Hansard. Hansard is a written record of everything that is discussed in Parliament. Prior to 1993, judges were told not to read Hansard, as it was thought that the Judge may read and rely on something that could have changed at a later stage in the legislation process. In Pepper v Hart (1993) the House of Lords decided that Hansard could only be used where: i. Legislation is ambiguous or obscure, or leads to an absurdity; ii. The materiall relied on consists of one or more statements by aminister or other promoter of the bill; i. The statements made were clear.
  • Dictionaries have also proven to be helpful for interpreting the meaning of words, specifically when using the Literal Rule or Golden rules of Interpretation. Judges should use a dictionary published in the Same Year as the Act of Parliament, as meanings of words can change over time. In R v Maginnis (1987) the Judges in the House of Lords used a dictionary to interpret the word 'supply' to aid interpretation of the Misuse of Drugs Act 1971 and find the Defendant guilty.
  • Law Reform Reports, created by bodies such as the Law Commission or a Royal Commission, are groups of experts asked by Parliament to look at changing or modernising areas of Law. Some new Acts of Parliament are based on these reports, for example the Fraud Act 2006 was based on a 2002 Law Commission Report. They also come from recommendations from Judicial Inquiries as well as Government White Paper Reports.
  • However, as these reports are written before the Act is passed, some things may be changed or completely removed by Parliament. Since the Black Clawson Case 1975, Judges have accepted reports that can be helpful to find the purpose of the Act. In DPP v Bull (1994) a male prostitute charged under the Street Offences Act 1959 for 'Soliciting' was found not guilty as the Law was written to only apply to female prostitutes. The court referred to the Wolfenden Report 1956 upon which the Act was based, helping them interpret the meaning of Soliciting.
  • International conventions, EU regulations or EU directives that have been implemented into UK legislation can also help to find the meaning of an Act. As the UK is a member of various International Organisations, such as the EU (until 2021), The United Nations and the European Convention on Human Rights, we are bound by various International Laws, or Conventions. These Conventions can help with interpreting UK Law. In Laroche v Spirit of Adventure (UK) Ltd
    (2009) International Laws contained in the Warsaw Convention had to be considered when interpreting the Law on aircrafts.
  • Finally, The Interpretation Act 1978 provides definitions of some commonly used words within Legislation. For example: Land - includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land; and Month - clear calendar month. The Act also implies that, unless stated otherwise; Words referring to feminine gender (female) also include masculine (male); Words referring to masculine gender (male) also include feminine (female); Words in singular include plural, words in plural include singular.