R v Secretary of State for the Home Department ex parte Northumbria Police Authority [1985] AC 374

Facts: 

  • Public disturbances some years earlier resulted in the Home Office opting to create a stock of CS gas alongside a store of plastic crowd batons, for easy access by the authorities in times of need
  • The Northumbria Police Authority contested on the grounds that it amounted to the issuing of ultra vires powers to the Home Secretary

Issue:
  • Whether the Home Secretary was empowered to supply the crowd control equipment in question as part of their greater prerogative of keeping peace within the realm

Held:
  • At first instance, the Court found for the claimant, with the view being held that prevention and management of threats to the peace did not require such strong governmental intervention powers
  • This was overturned on appeal and it was subsequently recognised that Parliament held the prerogative power in determining the nation's approach to disruption management, which it was entitled to delegate to the Home Secretary

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