Legal System | Statutory Interpretation
Aids: Extrinsic
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Introduction
- extrinsic aids are outside of the actual statute
Dictionaries
- dictionaries can be used to give words their ordinary meaning
R v Fulling [1987]
- word
oppression
in S76(2) of the Police and Criminal Evidence Act 1984 - adopted the third definition provided in Oxford English Dictionary
- word
Previous statutes
- it can be necessary to look at past statutes
R v Wheatley [1979]
- Court Appeal had to interpret provisions in the Explosive Substances Act 1883
- long title:
An Act to amend the law relating to explosive substances, amending the Explosives Act 1875.
Hansard
- argument has surrounded the use of Hansard (the record of Parliamentary debates)
Davis v Johnson [1979]
- Lord Denning argued: [not to use Hansard]
.. would be to grope around in the dark for the meaning of an Act without switching the light on...
. - however it was held he was wrong to have consulted Hansard
Pickstone v Freemans (1988)
- Hansard used to establish why the Equal Pay Act 1979 had been passed
Pepper (Inspector of Taxes) v Hart (1993)
- held Hansard can only be used where the legislation is ambiguous or leads to an absurdity
- and the material relied on comprises one or more statements by a Minister or other promoter of the Bill
- Lord Denning argued: [not to use Hansard]
White Papers
- consultation documents have been considered
W v Metropolitan Police Commissioner [2006]
- white paper used to clarify the whether the word
remove
meant a police officer could use force to take an under 16 year-old home from adispersal area
- held it allowed force to be used
- white paper used to clarify the whether the word
Committee reports
- can be used in a limited way
R v Allen [1985]
- Criminal Law Revision Committee Report considered
- stressed only been used to determine the mischief not to interpret the meaning of Theft Act 1978
Academic studies
- academic reports and commentaries may be considered
R v Shivpuri (1987)
- a case on criminal attempts
- court acknowledged academic argument