Assess advantages and disadvantages of the mischief rule

• The mischief rule allows judges to look back at the gaps in the previous law and interpret the act to suppress the mischief


  Heydon’ case
• Effective


  allows judges to be more flexible as well as closing any loopholes in the law when an Act is not drafted carefully, or where there are circumstances Parliament could not predict.
• Smith v Hughes


  This would be seen as a sensible outcome as under the literal rule the prostitutes would still have been harassing passers-by so the loophole was closed.
• The mischief rule can also help to avoid injustices and absurd decisions


  Berriman case
• Berriman case


  highlights the lack of structure around the use of the rules as the judges are free to decide which ones they use.

  can create uncertainty for those relying on the law as they do not know what rule will be applied by judges in their case and arguably ineffective for some.
• takes into account social and technological changes after the Act was written


  Royal College of nursing v DHSS
• The other issue is that if an Act is very old, it is difficult to find Parliament's original aim or what the problem was they were trying to resolve. Even though the courts have access to Hansard as an aid it is still a difficult task thereby less effective.