R v Secretary of State for the Home Department, ex parte Northumbria Police Authority

R v Secretary of State for the Home Department, ex parte Northumbria Police Authority
Court	Court of Appeal of England and Wales
Decided	18 November 1987
Citation(s)	[1987] EWCA Civ 5 [1989] 1 QB 26
Transcript(s)	transcript at BAILII[1]
Case history
Prior action(s)	Divisional Court
Court membership
Judge(s) sitting	Purchas LJ Croom-Johnson LJ Nourse LJ
Keywords
Royal Prerogative

R v Secretary of State for the Home Department, ex parte Northumbria Police Authority [1989] 1 QB 26 was an English administrative law decision that first recognised the prerogative power to do whatever "was necessary to meet either an actual or an apprehended threat to the peace". It concerned the Home Office's decision to maintain a store of CS gas and plastic baton rounds. In 1986, a Home Office circular, 40/1986, authorised the Home Secretary to release this store to a police force without the approval of the Police Authority if Her Majesty's Inspectorate of Constabulary agreed that it was necessary. The Northumbria Police Authority brought a judicial review case against this decision, arguing that it was ultra vires. The Divisional Court which heard the case recognised a prerogative power to keep the peace, which authorised the Home Office's actions. On appeal to the Court of Appeal of England and Wales, the decision was confirmed, although several more grounds for allowing the distribution of the store were also given.