R v Adams
| Jurisdiction | Northern Ireland |
| Judge | Weatherup LJ |
| Judgment Date | 2018 |
| Neutral Citation | [2018] NICA 8 |
| Date | 14 February 2018 |
| Year | 2018 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2018] NICA 8
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: WEA10550
Delivered: 14/02/2018
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
R
Respondent;
-v-
GERARD ADAMS
Appellant.
_________
Before: Morgan LCJ, Sir Ronald Weatherup and Sir Reginald Weir
________
Sir Ronald Weatherup (delivering the judgment of the Court)
[1] This is an appeal against convictions on 20 March 1975 and 18 April 1975 on
counts of attempting to escape from detention contrary to paragraph 38(a) of
Schedule 1 of the Northern Ireland (Emergency Provisions) Act 1973 (“the 1973 Act”)
and common law. Mr Doran QC and Mr Sayers appeared for the appellant and
Mr Simpson QC appeared for the respondent.
[2] The first conviction concerned an attempt to escape on 24 December 1973, in
respect of which the appellant was sentenced to 18 months imprisonment. The
second conviction concerned an attempt to escape on 27 July 1974 and the appellant
was sentenced to three years imprisonment, consecutive to the earlier sentence. On
the first trial the appellant represented himself and on the second trial the appellant
refused to recognise the court. No appeals were lodged against either conviction
until over 40 years later. The appeals were prompted by the disclosure of
Government papers under the 30 year rule. Extensions of time to appeal against the
convictions were granted by Gillen LJ.
The legislative framework for detention
[3] From 1922 legislation provided for internment without trial in Northern
Ireland. During the more recent “Troubles” the power was exercised on 9 August
2
1971 and from time to time thereafter. The statutory scheme provided for the
Secretary of State to make an Interim Custody Order (“ICO”) where it appeared that
a person was involved in terrorism. The person detained was required to be
released within 28 days unless the Chief Constable referred the matter to a
Commissioner, in which event the detention continued. The Commissioner would
then make a Detention Order if satisfied that the person was involved in terrorism or
the Commissioner would otherwise order the release of the person detained.
[4] An ICO was made in respect of the appellant on 21 July 1973 and the order
was signed by the Minister of State at the Northern Ireland Office. Notice of
Reference to a Commissioner was made by an Assistant Chief Constable on 10
August 1973 and thus the appellant continued to be detained. The first attempted
escape occurred on 24 December 1973. A Detention Order was made by a
Commissioner on 16 May 1974. The second attempted escape occurred on 26 July
1974.
[5] The issue in this appeal concerns the validity of the ICO made on 21 July 1973.
The statutory power to make the ICO arose “where it appears to the Secretary of
State” that a person was suspected of being involved in terrorism. The legislation
also provided that the ICO be signed by a Secretary of State, Minister of State or
Under Secretary of State. The practice prior to 1974 appears to have been that ICOs
were made by the Secretary of State or Minister of State or Under Secretary of State.
In respect of the ICO made on 21 July 1973 in relation to the appellant there was no
evidence that the matter was considered personally by the Secretary of State. Hence
the issue is raised as to whether an ICO was required to be considered personally by
the Secretary of State.
[6] The statutory powers relating to detention were contained in the Civil
Authorities (Special Powers) Act (Northern Ireland) 1922 (“the 1922 Act”) and the
regulations contained in the schedule to the 1922 Act. Under section 1(3) of the 1922
Act the Minister of Home Affairs had the power to make regulations for further
provisions for the preservation of the peace and maintenance of order.
[7] The principal regulations in the schedule to the 1922 Act were amended by
the Civil Authorities (Special Powers) Act (Amending) Regulations (Northern
Ireland) 1956 No. 191.
Regulation 11(1) provided for the arrest without warrant of any person suspected of
acting or of having acted or of being about to act in a manner prejudicial to the
preservation of the peace or the maintenance of order.
Regulation 11(2) provided that any person so arrested may on the order of the
Minister of Home Affairs be detained until he has been discharged by direction of
the Attorney General or brought before a court of summary jurisdiction.
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In the matter of an inquest touching upon the death of Hugh Gerard Coney (Ruling on whether section 18(1)(b) of the Coroners Act (Northern Ireland) 1959 applies to the inquest).
...been signed by the then Secretary of State for Northern Ireland, William Whitelaw. They submit the discussion at paras 3-11 in R v Adams [2018] NICA 8, setting out the legislative framework in respect of the legal basis for Mr Adams internment, is equally applicable to that of the deceased ......
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Queen v Ivor Malachy Bell
...fact that a detention order had been made by a commissioner after the impugned ICO had been made. [13] The Court of Appeal (NI) in Adams [2018] NICA 8 determined obiter that the making of a lawful ICO was a condition precedent to the referral of the matter to the commissioner by the Chief C......
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Deprivation of Liberty and the Carltona Principle: R v Adams [2020] UKSC 19
...in the Northern IrelandDepartment rather than by the Secretary of State. His appeal was rejected by the Northern Ireland Courtof Appeal ([2018] NICA 8), which held that his detention had been lawful because the Carltonaprinciple applied to the making of the ICO. The court certified the foll......