Queen v Martin Thomas O'Rawe
| Jurisdiction | Northern Ireland |
| Judge | Treacy LJ |
| Judgment Date | 19 October 2021 |
| Neutral Citation | [2021] NICA 57 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 19 October 2021 |
1
Neutral Citation No: [2021] NICA 57
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: TRE11649
ICOS No: 74/000024/A01
75/00028/A01
Delivered: 19/10/2021
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
THE QUEEN
v
MARTIN THOMAS O’RAWE
___________
Mr S Doran QC with Mr S Devine BL (instructed by McConnell Kelly, Solicitors) for the
Applicant
Mr G Simpson QC with Mr R Steer BL (instructed by the Public Prosecution Service) for
the Crown
___________
Before: Treacy LJ and Maguire LJ
___________
TREACY LJ (delivering the judgment of the court)
First Offence
[1] The applicant was convicted on 20 March 1975 of the offence of attempting to
escape from lawful custody. At the date of the offence (24 December 1973) the
applicant was held on foot of an Interim Custody Order (“ICO”) dated 20 June 1973.
[2] That Order was signed “Belstead.” The signature was that of Lord Belstead,
who at the date of signature was the Parliamentary Under Secretary of State in the
Northern Ireland Office.
[3] The decision of the Supreme Court in R v Adams [2020] UKSC 19 was to the
effect that since the ICO on foot of which Mr Adams was detained was not signed by
the Secretary of State, it was invalid and that, therefore, he was not lawfully
detained. Accordingly, he was wrongly convicted of the attempt to escape from
lawful custody (see para 41).
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