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Statutory Interpretation (Mischief Rule) (Smith v Hughes (Street Offences…
Statutory Interpretation (Mischief Rule)
It looks a the law that existed before the act was passed and the problem or 'mischief' that the law was passed to remedy
The rule allows judges to adopt a wider interpretation than other rules follow
Smith v Hughes
Street Offences Act 1959 made it an offence for a common prostitute to '
loiter or solicit (potential clients) in a street or public place for the purposes of prostitution'
Two women , one on a balcony and the other at a ground floor bay window
The women were attracting men by tapping on a window or calling to them
Argued they were not guilty as they were not on the street
They were convicted and appealed
For the rule to apply the law in question must be unclear
Benefits of the Mischief Rule
allows greater flexibility in interpreting legislation in the light of social and technological changes
Can enable judges to achieve the true intentions of Parliament
Disadvantages of the Mischief Rule
Gives judges to develop law
Only applies in limited situation - can only be used where there is a problem in pre-existing law
3.Difficulty of identifying the mischief/problem before the new law passed
Undermines the supremacy of Parliament
Parliament should rectify the law in an act and not through judges
Royal College of Nursing
If a pregnancy is terminated by someone other than a registered medical practitioner it is considered an offence
If, however, a pregnancy is terminated by a registered medical practitioner, no offence is committed
Abortion Act 1967 provides that 'a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is
terminated by a registered medical practitioner
Nurses would carry out majority of procedure and not by a registered medical practitioner (a doctor) therefore judges has to decide weather it was lawful