Aids

1. ‘Ejusdem Generis’- Where there is a list of words followed by general words, then the general words are limited to the same kind of articles as the specific words. See Powell v Kempton Park Racecourse (1899)

2. ‘Expressio unius exclusio alterius’- The mention of one thing excludes the others. Where there is a list of specific words but no general words then it must be on the list for the Act to apply. See Tempest v Kilner (1846)

3. ‘Noscitur a sociis’ – A word is known by the company it keeps. See Inland Commissioners v Frere (1965)

Presumptions are made by certain assumptions made by the Courts. They are used only as a starting point. If they are disparoved then it is said the presumption is rebutted. There are 4 main presumptions (amongst many). They are:

1. A presumption that the Crown is not bound by any statute unless it expressly says so;

2, A presumption that legislation does not apply retrospectively;

3. A presumption against a change in the Common Law; see Leach v R

4. A presumption that mens rea is required in criminal cases – Sweet v Parsley (1970)

A court will attempt to uncover Parliament’s intentions by using a variety of aids – these are either ‘intrinsic’ or ‘extrinsic’.

An intrinsic aid is one that is from inside the Act of Parliament itself which make it easier to interpret. These are:

1. Long title

2. Short title

3. Preamble

4. Section headings and marginal notes

An extrinsic aid is one that is from outside the Act of Parliament itself which makes it easier to interpret. The uncontroversial ones are:

1. Previous Acts on the same topic

2. Historical setting

3. Earlier case law

4. Dictionaries at the time

There used to be very strict rules on other aids – they could not be used. Attitudes have changed though. These are:

1. Hansard

This is the official report of what was said in Parliament when the Act was debated. Until 1992 a court was not allowed to look at what was said in Parliament. Pepper v Hart...