R v Adams (Northern Ireland)

R v Adams (Northern Ireland)

Article 4(1) of the Detention of Terrorists (Northern Ireland) Order 1972 requires the Secretary of State personally to consider whether to make an interim custody order; the Carltona principle does not apply due to the clear statutory segregation of the roles of making and signing the order. The ICO made in respect...

Source-derived case information.

Parties
Appellant: R; Respondent: Adams
Jurisdiction
England and Wales
Judgment Date
13 May 2020
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Detention Without Trial, Carltona Principle, Ministerial Powers, Statutory Interpretation
Criminal Law Constitutional Law Administrative Law Detention Without Trial Carltona Principle Ministerial Powers Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

R

Appellant

Adams

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether the making of an interim custody order under article 4 of the Detention of Terrorists (Northern Ireland) Order 1972 required personal consideration by the Secretary of State or whether the Carltona principle permitted delegation to a Minister of State

Ratio Decidendi

Article 4(1) of the Detention of Terrorists (Northern Ireland) Order 1972 requires the Secretary of State personally to consider whether to make an interim custody order; the Carltona principle does not apply due to the clear statutory segregation of the roles of making and signing the order. The ICO made in respect of the appellant was invalid as it was not personally considered by the Secretary of State.

Court Disposition

appeal allowed

Orders

  • Convictions for attempting to escape from lawful custody quashed