R v Secretary of State for the Home Department, ex parte Northumbria Police Authority [1989] 1 QB 26

Court: Court of Appeal

Facts: The case involved the Home Office's decision to stockpile CS gas and plastic baton rounds for use by police forces in response to public disorder. Circular 40/1986 allowed the Home Secretary to release these supplies without Police Authority approval, subject to the agreement of Her Majesty's Inspectorate of Constabulary. The Northumbria Police Authority challenged this decision, arguing that it exceeded the Home Secretary's authority and was ultra vires.

Issue: Whether the Home Secretary had the authority to release the stockpile of CS gas and baton rounds under the prerogative power, and whether this decision was ultra vires.

Held: The Divisional Court and subsequently the Court of Appeal upheld the Home Secretary's decision. The Court of Appeal recognized a new prerogative power allowing the government to take necessary actions to address threats to public order. This power was found to be consistent with the statutory provisions under the Police Act 1964, particularly Section 41, which empowers the Home Secretary to provide necessary services and equipment for police efficiency.

Key Judicial Statement: The Court of Appeal emphasized that the prerogative power recognized in this case allowed the government to act decisively to maintain public order, reinforcing the Home Secretary’s authority to manage public safety resources without explicit statutory approval from Police Authorities.

💡Leveluplaw: The case introduced a novel recognition of prerogative power in administrative law, acknowledging the government’s authority to act in matters of public safety and order. It highlighted the evolving nature of executive powers in response to threats and the complex interplay between statutory authority and prerogative powers. This decision set a precedent for how administrative actions can be justified under prerogative powers, albeit with potential constitutional implications.