R v Secretary of State for the Home Department, ex parte Fire Brigades Union
Encyclopedia
R v Secretary of State for the Home Department ex parte Fire Brigades Union [1995] 2 AC 513 was a House of Lords case concerning the awarding of compensation under the Criminal Injuries Compensation Scheme. The case is considered significant in constitutional terms for its ruling on the extent of Ministerial prerogative powers.
compensation payments to victims of crime. Compensation was assessed on an individual basis by the Criminal Injuries Compensation Board
The Criminal Justice Act 1988 was to introduce a statutory scheme for criminal injuries compensation with several sections coming into law (by statutory instrument) on a date of the Home Secretary's choosing. However, the government rather than implementing this legislation amended a non-statutory tariff based scheme under the royal prerogative. This tariff based scheme would save money by awarding less compensation. A trade Union sought judicial review of the decision of the Home Secretary not to bring into force the compensation scheme in the 1988 Act.
Background
The Criminal Injuries Compensation Scheme was set up under Ministerial prerogative powers to provide ex gratiaEx gratia
Ex gratia is Latin for "by favour", and is most often used in a legal context. When something has been done ex gratia, it has been done voluntarily, out of kindness or grace...
compensation payments to victims of crime. Compensation was assessed on an individual basis by the Criminal Injuries Compensation Board
The Criminal Justice Act 1988 was to introduce a statutory scheme for criminal injuries compensation with several sections coming into law (by statutory instrument) on a date of the Home Secretary's choosing. However, the government rather than implementing this legislation amended a non-statutory tariff based scheme under the royal prerogative. This tariff based scheme would save money by awarding less compensation. A trade Union sought judicial review of the decision of the Home Secretary not to bring into force the compensation scheme in the 1988 Act.