Aids to Statutory Interpretation

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What is the word for inside the statute?
Internal/intrinsic aids
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What is the long title of the Act?
The Abortion Act 1967 has to long title - "An Act to amend and clarify the law relating to termination of pregnancy by registered medical practitioners"
this was used in RCN v DHSS
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What are the words of the statute?
the courts may look at other sections help decide the meaning
e.g. Cundy v Le Cocq
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What is the defintion of the sections?
The Theft Act 1968 defines an appropriation as any assumption of the owners rights whereas s.4 indicates what constitutes property for the purposed of the Theft Act
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When were explanatory notes introduced?
introduced in 1999
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What are the codes of guidance?
PACE (Police and Criminal Evidence Act 1984)
Codes A-H set out guidance on how police can exercise their powers
Equality Act 2010 Code of Practice - whilst such codes are taken into account they are not binding
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What is the word for outside the statute?
extrinsic/external aids
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What are dictionaries?
Cheeseman v DPP 1990 judges used a dictionary from the date of the statute to consider the meaning of the word passengers
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What do they use in the external aids?
text books
academic writing
historical settings
law commission reports
customs and previous practice
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What are the Royal Commission Reports ?
eg the Wolfenden Report was referred to in DPP v Bull
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What is Hansard?
official report of Parliamentary debate
however use of hansard is controversial
Davis v Johnson (was banned) and Pepper v Hart (lifted the ban say in exceptional circumstances where there is ambiquity then can use
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What happens in the Human Rights Act 1998?
s.2(1) the courts must also take into account any judgments made by the European Court of Human Rights
s.3(1) as far as is possible to do so the courts must have interpret legislation in line with Convention Rights
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Other cards in this set

Card 2

Front

What is the long title of the Act?

Back

The Abortion Act 1967 has to long title - "An Act to amend and clarify the law relating to termination of pregnancy by registered medical practitioners"
this was used in RCN v DHSS

Card 3

Front

What are the words of the statute?

Back

Preview of the front of card 3

Card 4

Front

What is the defintion of the sections?

Back

Preview of the front of card 4

Card 5

Front

When were explanatory notes introduced?

Back

Preview of the front of card 5
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