Intrinsic and Extrinsic Aids in Statutory Interpretation
This page introduces the concept of statutory interpretation and the aids used to understand and apply legislation. It focuses on two main categories: intrinsic and extrinsic aids.
Intrinsic Aids
Intrinsic aids are internal elements found within the Act itself, such as headings, sub-headings, and marginal notes. These aids help clarify the meaning and scope of statutory provisions.
Example: Section 4 of the Theft Act 1968 defines 'property' to include money and all other property, real or personal. Similarly, Section 9 of the same Act extends the definition of 'buildings' to include 'inhabited vehicles', thus encompassing caravans.
The use of intrinsic aids offers several advantages:
- It increases the likelihood of courts interpreting the Act as Parliament intended.
- It provides greater certainty in legal interpretation.
- It shows respect for parliamentary intent.
- It offers quick and easy access to relevant information.
However, intrinsic aids also have limitations:
- Definitions are not always provided for all terms, as seen with "dishonesty" in the Theft Act 1968.
- They may not always prevent harsh or absurd decisions.
- They are not included in every statute.
Extrinsic Aids
Extrinsic aids are external sources used to interpret statutes, including dictionaries, Law Commission reports, previous case law, and Hansard (the official record of parliamentary debates).
Example: In DPP v Cheeseman, the Oxford English Dictionary from 1847 was used to interpret an Act from the same year.
A significant development in the use of extrinsic aids occurred in the Pepper v Hart case (1993), where the House of Lords relaxed rules regarding the use of Hansard in statutory interpretation.
Advantages of using Hansard include:
- It is publicly available for consultation.
- It can clarify statutory language.
- It provides insight into the reasons behind the Act's creation.
However, using Hansard also has disadvantages:
- There's a risk of focusing on irrelevant material.
- The specific words in question may not be mentioned in the debate.
- It can lead to additional costs as lawyers feel obliged to review debates to avoid negligence claims.
Highlight: The use of both intrinsic and extrinsic aids in statutory interpretation is crucial for A Level law students to understand, as it forms a fundamental part of legal analysis and application.
