Adams, Regina v: CANI 14 Feb 2018

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.
Held: The seriousness of the consequences is a consideration to be taken into account in deciding whether a power must be exercised by the Minister personally
Sir Ronald Weatherup discussed the decision in the Golden case: ‘This court is satisfied that the seriousness of the subject matter is a consideration in determining whether a power must be exercised by the Minister personally, although as Brightman J found, it is not a determining consideration.’
Morgan LCJ, Sir Ronald Weatherup and Sir Reginald Weir
[2018] NICA 8
Bailii
Northern Ireland
Citing:
CitedCarltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .
Not approvedRe Golden Chemicals Limited 1976
In issue was a provision in the 1967 Act which stated that, if it appeared to the Secretary of State that it was expedient in the public interest that a corporate body should be wound up, he could present a petition for its winding-up. That power . .

Cited by:
Appeal fromAdams, Regina v (Northern Ireland) SC 13-May-2020
Secretary of State alone to consider confinement
The appellant had been detained under an Interim Custody Order (ICO) during internment during the troubles in Ireland, and then convicted of attempting to escape and escaping. He now appealed from that conviction saying that the order under which he . .

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Updated: 08 May 2021; Ref: scu.618442