Aids to interpretation

• Intrinsic Aids :

  1. Short title
  2. Definition sections
  3. Marginal notes
• Extrinsic Aids :

  1. Dictionaries
  2. Hansard
  3. Interpretation Act
  4. Law Reform Reports
• Intrinsic Aids


  help that is found inside the statute which the judge is interpreting
• Extrinsic Aids 


  help that is found outside the statute which the judge is interpreting
• Definition sections


  The statute being interpreted might include a section in it that defines particular words used in the statute

  Intrinsic Aid
• Dictionaries


  can help judges to understand the meanings of words

  Extrinsic Aid
• The short title


  helps judges to quickly decide what the Act covers and see what year it was made

  Intrinsic Aid
• Marginal notes


  When an Act is drafted, Parliamentary Counsel, who write up the act, sometimes add notes in the margins of the Act to help guide the people reading it.

  Intrinsic Aid
• Interpretation Act [1978]


  An Act judges can refer to which gives guidance on interpreting the law

  Extrinsic Aid
• Law reform reports


  The Law Commissions often write reports on reforming the law.

  Judges use these report to understand the purpose of an Act

  Extrinsic Aid
• Hansard


  The official record of Parliamentary debates

  It can be useful when looking at the purpose of an Act because we can look at what a minister says about it

  Extrinsic Aid
• R v Montila and Ors [2003]


  Marginal notes are not binding, only guidance.
• Davies v Johnson [1979]


  The Court banned the use of Hansard when interpreting statutes

  Lord Denning dissented.
• Lord Denning’s opinion of Davies v Johnson


  Not to use Hansard would be to grope around in the dark for the meaning of an Act without switching on the light.
• Pepper v Hart [1993]


  Conditions for using Hansard

  1. The words are ambiguous and likely to lead to absurdity
  2. Theres a statement recorded that relates to the statute
  3. The statement would clear up the ambiguity
• Judges should not use Hansard - Lord Mackay

  1. Time - reading through reports to see if even mentioned
  2. Money - increases the costs of cases
• Lord Bridge ’s compromise


  Judges should only look at Hansard if it is relevant. It won’t waste much time or money.

  This was silly because you won’t know if it’s relevant without looking in it
• Black-Clawson International v Papierwerke [1975]


  Law reform reports can be referred to in order to discover the mischief that Parliament was seeking to stop.
• DPP v Bull [1994]


  The court used the mischief rule and the Wolfenden report to help them work out the mischief of the Street Offences Act 1959

  The report only refers to female prostitution so Mr Bull wasn’t guilty
• The Interpretation Act [1978]


  S6 says that unless otherwise stated, all words which appear in the singular form will include the plural and the use of the word he will also refer to and include she.