The appellant had been convicted of a number of serious offences, largely as a result of admissions made by him during interviews by the police. Among the grounds of appeal was a claim that extension of the appellant’s detention had wrongly been authorised by a Parliamentary under-secretary of state where the statutory provision, section 12(4) of the 1984 Act provided that a person arrested under section 12(1) should not be detained for more than 48 hours but that the Secretary of State may, in a particular case, extend that period. The document extending the period in the appellant’s case had not been signed by the Secretary of State.
Held: The argument was rejected on the basis that there was no reason to conclude that this was a power that could not be devolved to a junior minister.
Citations:
Unreported 1990
Statutes:
Prevention of Terrorism (Temporary Provisions) Act 1984 12(4)
Jurisdiction:
Northern Ireland
Citing:
Applied – Re 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:
Cited – Adams, 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 . .
Lists of cited by and citing cases may be incomplete.
Police, Administrative
Updated: 24 November 2022; Ref: scu.650813