Mischief Rule Flashcards
How does the mischief rule work?
Requires judges to: 1. Identify the mischief Parliament was trying to stop by making the statute. 2. Interpret the statute to stop the mischief.
What is one advantage and disadvantage of the mischief rule?
This rule puts Parliament’s intentions into effect, but it also ignores their Supremacy by ignoring their wording.
What questions does Heydon’s Case give us?
- What was the common law before the Act was made?
- What was the mischief and defect for which the common law did not provide?
- What was the remedy that Parliament created to cure the mischief?
- What was the reason for the remedy?
What is the first case law for the mischief rule?
Smith v Hughes
What did the Street Offences Act 1959 say?
It is an offence for a common prostitute to loiter or solicit in a street or public place for the purposes of prostitution.
What happened in the case of Smith v Hughes?
Ds were in a window and on a balcony soliciting prostitution towards passers-by. The Street Offences Act 1959 was used in this case. Ds claimed that they weren’t on the street.
How did the courts rule in the case of Smith v Hughes?
They ruled that the problem that the SOA was trying to solve was the fact that prostitutes were harassing passers-by in the street. Ds were causing the mischief (harassment) which the statute is trying to stop. Therefore, the Ds were still found guilty.
What is the second case law for the mischief rule?
Royal College of Nursing v Dept. of Health and Social Security (RCN v DHSS)
What did the Abortion Act 1967 say?
Only ‘registered medical practitioners’ could carry out the procedure.
What happened in the case of RCN v DHSS?
Nurses were helping perform abortions. Only doctors were technically RMPs at this time. The Act was passed to stop dangerous, illegal street abortions, by allowing nurses to help this would also help prevent the mischief.
How did the courts rule in the case of RCN v DHSS?
The court allowed nurses to aid with the abortions.
