R v Secretary of State for the Home Department, ex p Fire Brigades Union [1995]

R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] UKHL 3 concerned the awarding of compensation under the Criminal Injuries Compensation Scheme. The case held constitutional significance due to its examination of ministerial prerogative powers.

The Fire Brigades Union contended that the Home Secretary, Michael Howard, had a statutory duty to implement a new Criminal Injuries Compensation Scheme under the Criminal Justice Act 1988. Although the Act provided for compensation to victims of violent crimes, it stipulated that it would come into force "on such day as the Secretary of State may... appoint". The Secretary of State, instead of enforcing the statutory scheme, opted for a non-statutory tariff scheme with less favourable compensation terms. The Fire Brigades Union challenged this decision, alleging both a failure to fulfil statutory duties and an abuse of prerogative powers.

The Court of Appeal ruled that the Home Secretary had the discretion to implement the legislation at his discretion. While there was no enforceable duty to bring the scheme into force at a specific time, it would be an abuse of power not to implement the legislation, as the Home Secretary had an ongoing duty to review the timing of implementation.

The House of Lords, by a majority, held that Section 107 of the Criminal Justice Act 1988 imposed a continuous duty on the Secretary of State to consider bringing the statutory scheme into force. It was emphasised that the Secretary of State could not lawfully bind himself to refrain from exercising the discretion granted by the Act. The tariff scheme proposed by the Secretary of State was deemed inconsistent with the statutory scheme, rendering the decision to not bring certain sections into force and introduce the tariff scheme unlawful. Importantly, Section 171(1) did not establish a legally enforceable duty on the Secretary of State to implement the specified sections at any particular time.

This case underscored the delicate balance between ministerial discretion and statutory duties. It clarified that while certain duties were continuous, they did not mandate an immediate or fixed timeline for implementation. The judgment remains relevant in discussions on the limits of ministerial prerogative powers and the obligations imposed by statutory schemes.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB, edited by lawyers, and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.