Regina v Registrar General, Ex parte Smith

Court of Appeal, 1st November 1990

Sir Stephen Brown P., Staughton and
McCowan L.JJ - Court of Appeal
Watkins LJ, Garland J - Divisional Court of
the Queen's Bench Division

-The case is being appealed to the Court of

Appeal following the decision of the
Divisional court of the Queen's Bench
Division.

The applicant was adopted at 9

weeks, and showed signs of mental
disturbance into his adolescence. He
was abusive to his adoptive parents.
He was convicted of murder and whilst
serving his life imprisonment he killed
a fellow prisoner because he believed
the prisoner was his birth mother. He
was convicted for voluntary
manslaughter - diminished
responsibility - and sent to a mental
hospital. He asked to exercise his
legal right to view his birth certificate
but this has been denied by the
Registrar General due to the
 applicant's mental health; it is
possible he will use the information to
find his mother and she would be put
in danger; he may commit matricide.

-Should the applicant be allowed his

statutory entitlement under the Adoption
Act 1976 to view his birth certificate? Or for
the prevention of crime and public policy be
denied it?
-However, there is no head of public policy
relating to a crime that may be committed
in the future, only so he may not benefit
from past criminality. "The future is not
foreseen", so the court cannot decline his
statutory right on the grounds of a future
risk. "Public policy is not a substitute for
statutory interpretation."
-Appeal dismissed, decision of inferior court
affirmed; it is not in the public interest that
this statutory entitlement be given to the
applicant. Purposive approach used; this
would not have been Parliament's intention.