R v Northumbria Police Authority [1989] QB 26

• The home office decided to keep supplies of CS gas and extra batons in a central store that a Chief police officer couldn’t obtain in an emergency unless his police authority gave him permission. If the police authority denied permission then he could use a special procedure to get them.

• The police federation challenged this, saying that the relevant Police Act conferred no such powers.

• However the residual prerogative power of the crown to keep the peace, unamended by legislation, remained.

• There is no need for a statute to state what the prerogative is: it is a common law right. This prerogative would be meaningless if it could only be used in an emergency and this measure is designed in order to keep the peace.

• Since the Police Act had not wholly supplanted the prerogative, the parts upon which the Act didn’t touch remained.

CA

• Found in favour of Secretary of State.