Asked
With reference to his oral contribution of 26 February 2025, Official Report, column 765 and the judgment in R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19, what steps he is taking to address the issue of interim custody orders that were not signed by his predecessor.
Reply
The main issue here is the application of the Carltona principle in the context of ICOs. The previous Government’s attempt to address this following the 2020 Supreme Court judgment in Adams has been found by the Northern Ireland courts to be unlawful and we need to find a better way of reaffirming this principle. The Government will therefore legislate to address this issue in forthcoming primary legislation.