Explain the mischief rule

• mischief rule


  allows judges to look back at the gaps in the previous law and interpret the act to supress the mischief
• Heydon’ case


  judges must consider four factors when using this rule to interpret statute. Firstly, what the common law was before the Act was passed. What mischief the Act was designed to remedy, the remedy Parliament was trying to provide and the reason for the remedy.
• Smith v Hughes


  Lord Parker stated ‘what is the mischief aimed at by this Act? Everyone knows it was to clean up the streets without being molested or solicited by common prostitutes…it matters very little whether they were soliciting in the street, a doorway or balcony, or whether the window was closed or half shut.’ The women were found guilty.
• Royal College of nursing v DHSS

  the Abortion Act 1967 stated ‘terminations must be carried out by a registered medical practitioner’ which meant doctors. The judges used the mischief rule to determine what the Act aimed to do which was to prevent illegal backstreet abortions. Therefore, nurses supervising part of the abortion procedure was not unlawful.