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Did Secretary of State Whitelaw sign this Custody Order? Northern Ireland escape conviction sent back to courts over serious doubts

Published:

Henry O’Rawe was convicted on 25 March 1975 at Belfast City Commission of escaping lawful custody and was sentenced to 18 months’ imprisonment.  

A Criminal Cases Review Commission (CCRC) case review manager compared the supposed signature of the Secretary of State for Northern Ireland on the order used to detain Mr O’Rawe, in the first place in 1973, with 175 other orders also signed by the Secretary of State, leading to doubts the order had been signed by him. 

Mr O’Rawe had been interned by way of an Interim Custody Order (ICO) under the Detention of Terrorists (Northern Ireland) Order 1972 since 12 February 1973. On 29 June 1974, he was taken to Lagan Valley Hospital for medical treatment, where he attempted to escape and later sustained his conviction. 

Mr O’Rawe did not appeal his conviction before his death in August 2010. An application on his behalf was submitted by his family in September 2023.  

Although Mr O’Rawe’s ICO had been apparently signed by William Whitelaw, then Secretary of State for Northern Ireland, the signature appeared irregular.  

During review, the CCRC compared the signature to 175 other ICOs signed by Mr Whitelaw provided by the Public Records Office of Northern Ireland (PRONI). This investigation led to real doubt that the ICO was signed or personally authorised by Mr Whitelaw as required. 

The CCRC has also reviewed the concerns of senior government officials in London and Northern Ireland at the time regarding the process by which ICOs were being considered, including concerns of unlawfulness.  

This involved obtaining and scrutinising numerous documents from PRONI and the Northern Ireland Office. There is a real possibility this evidence will persuade the Northern Ireland Court of Appeal that it should not presume the signature on Mr O’Rawe’s ICO is authentic.  

There is, therefore, a real possibility that the Court will conclude the ICO imposed on Mr O’Rawe was invalid and that as a result he was detained unlawfully and wrongfully convicted. 

CCRC Chair Dame Vera Baird KC said: “This was a meticulous piece of research by our case review manager. 

“If the Northern Ireland Court of Appeal concludes that the ICO imposed on Mr O’Rawe was invalid, this case will represent far more than a procedural or administrative formality – it will confirm a wrongful deprivation of Mr O’Rawe’s liberty.

“Our justice system depends not only on its decisions, but on the legitimacy of the processes that lead to them.” 

[ENDS] 

Notes to editors: 

  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.     
  1. There are currently ten Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  
  1. The CCRC usually receives around 1,600 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.     
  1. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.          
  1. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.     
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on X, Facebook, Instagram (@the_ccrc) and Linkedin.