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The Mischief rule

1. Based on Haydon's case 1584

2. Looks at the problem (mischief) the Act was trying to solve Interprets the Act to solve the problem in the particular case

3. 1. What was the law before the Act?

4. 2. What was the problem (mischief) with the old law?

5. 3. What was Parliaments intentions in making the Act?

6. 4. Interpret the Act to ensure Parliaments intentions are met in the current case

7. Doesn't look at the meaning of the Act today - Backward looking

8. Smith v Hughes - Prostitute calling from window of a private house Interpetation of "in a street" included from windows

9. Royal College of Nursing v DHSS - Debate on whether nurses were classed as "registered medical practitioners"

10. DPP v Bull - Street Offences Act 1959 "common prostitute" only referred to females D male prostitute

11. Advantages

    • Avoids absurd unjust outcomes
    • Encourages flexibility to meet social, economic and technological advances
    • Follows the will of Parliament - democratic

12. Disadvantages

    • Limitations - only looks at the intention of Parliament at the time of the Act
    • Judicial law making - undemocratic
    • Difficult to find the mischief even with the use of external aids such as Hansard
    • Inconsistency in cases due to judges having different views - subjective