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Review Your SQE 1 Practice Records

Examination Timing: 00H00M02S

In Smith v Hughes the court was faced with a statute that made it an offence to ‘loiter or solicit in a street or public place…for the purpose of prostitution’. Those accused of the offence were, in fact, soliciting from open and closed balconies above the street. The court held that, as Parliament’s intention had been to allow people undisturbed passage along the street, the women were within the definition of the Street Offences Act 1959. Which of the following best describes the tool of interpretation used in that case?

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The court used the mischief rule to determine the issue Parliament intended to address with the Street Offences Act 1959. The mischief rule focuses on identifying the problem or mischief that the statute aimed to remedy and interpreting the law in a way that suppresses the mischief and advances the remedy. 

Key Point: This question highlights the use of the mischief rule in statutory interpretation, which aims to align the law's application with the legislative intent to address specific societal issues.

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