Profile

Maggie  Scott QC

Year of Call: 1991 | Year of Silk: 2002

Maggie Scott QC

General Information

1977-1981: LLB Law & Politics (Hons) (University of Edinburgh) 

1985-1987: Dip Le Ed & additional law subjects (University of Strathclyde)

1987-1989: Trainee solicitor, admitted 1989 - Quinn Martin & Langan, Glasgow

1989-1990: Assistant Solicitor Assistant 

1991: Admitted Faculty of Advocates

1996-1999: Ad Hoc Advocate Depute   

2002: Appointed Queen's Counsel                                               

2002 to date: Part Time Sheriff

Practice

Principal areas of practice:

Appeals, Criminal  Law, Human Rights & Devolution Issues, Terrorism & control orders, Extradition, Public Interest Immunity Claims, Judicial Review, FAI

Very experienced and renowned silk in criminal practice, Maggie Scott is recognised as a leading expert on the criminal law and  European Human Rights Law (Scotsman; Chambers 500).  In recent years she has practised at the highest level in the most complex and high profile cases. She specialises in appeals - as the "Queen of Appeal Court" - and trials which involve difficult legal and devolution issues. She has conducted numerous appeal cases which have resulted in major reform of the criminal law. She has led a number of cases before the Privy Council and most recently instructed as lead counsel in the Lockerbie appeal.

Outside the criminal law she is experienced in civil actions such as judicial review relating to wrongly convicted persons and prisoners and in Fatal Accident Inquiries.

She is frequently called upon to lecture and consult on criminal law issues and law reform.

Selected Cases - all as lead Counsel

Privy Council

McDonald v HMA - 2008   ( re Article 6 disclosure)

Robertson & Ruddyv Griffiths 2006 S.C.C.R. 151 ( re Article 6 & acquiescence)

Kearney v HMA 2006 S.C.C.R. 130 ( re Article 6 and impartial tribunal)

Holland  v HMA 2005 SCCR 417 ( re Article 6 identification evidence and disclosure)

Appeal Court

Abdel Baset Ali Mohmed Al Megrahi  v HMA  ( includes first decision on scope of appeals referred from the SCCRC and first criminal public interest immunity claim)

Early v HMA  2006 S.C.C.R. 583  ( 5 judge bench) ( re time limits)

Beggs v HMA 2006 S.C.C.R. 25; 2005 SCCR 47 ( re Article 6/ extradition)

Bone v HMA 2005 SCCR 829 ( re culpable homicide)

HMA v Fleming 2005 SCCR 324  ( re Article 6 fair trial)

Jones & Ors v PF 2004 SCCR 361  (5 judge bench) ( re Article 10)

McBrearty v HMA 2004 337 ( defective representation)

McKearney v HMA 2004 SCCR 251 ( rape and consent)

Campbell & Steele 2004 ( preliminary re admissibility of expert evidence)

Nulty v HMA 2003 SCCR 378 ( Article 6 fair trial)

Arthur v HMA 2003 SCCR 6  ( procedure in murder sentence)

Stewart v HMA 2002 SCCR 915 (life sentence)

Brown v HMA 2002 SCCR 684 ( Article 6 & abuse of process)

Hemphill v HMA 2001 SCCR 361 ( defective representation)

Galbraith v HMA 2001 SCCR 551 ( 5 judge bench) (diminished responsibility)

Garrow v HMA 2000 SCCR 272 ( defective representation)

Howitt v HMA 2000 SCCR 195 (5 judge bench) (procedure- oppression)

Thompson v Crowe 1999 SCCR 1003 ( 5 judge bench) ( trial within trial procedure)

Trials

HMA v Holland 2005

HMA v Hemphill 2002

Appointments and Membership

1996:  Ad Hoc Advocate Depute

2000 - date: Liberty

2002: Appointed Queen's Counsel

2002: Part-Time Sheriff

2007: Chair, Faculty of Advocates Criminal Bar Association

2009: Scottish Human Rights Law Group

Current : Faculty of Advocates Disciplinary Tribunal;

            : Consultant Lord Coulsfields Review of Disclosure

Publications

1991 - date:  Various articles Scots Law Times

1994-1995: Author Faculty Submission to the Sutherland Committee on Miscarriages of Justice

1995: Author ‘ New appeals procedures' Booklet published by Faculty of Advocates

2001-2002: Divisional Editor ‘ Scottish Human Rights Service' Greens

2001-date: Lectures on appellate advocacy to the devils

2005-date: Regular papers/lectures to Faculty and Solicitors Bar Associations

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