The Home Secretary was under no duty to bring the new statutory CICB scheme into force on any particular date. He was free to continue to use his own. The court refused to order a judicial review.
Judges:
Staughton LJ and Buckley J
Citations:
Times 30-May-1994, Independent 24-May-1994
Statutes:
Criminal Justice Act 1988 17(1) 108 109 110 8111 112 113 114 115 116 117
Jurisdiction:
England and Wales
Cited by:
Appeal from – Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others CA 10-Nov-1994
The Home Secretary’s non-statutory scheme for the compensation for criminal injuries was unlawful pending implementation of the Act. It amounted to an abuse of power. He had power to delay implementing the new Act, with no duty to bring it into . .
At First Instance – Regina v Secretary of State for the Home Department ex parte Fire Brigades Union HL 5-Apr-1995
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Judicial Review, Damages
Updated: 03 August 2022; Ref: scu.87741