Andrew Hardie, Baron Hardie
Encyclopedia
Andrew Rutherford Hardie, Baron Hardie, PC
, QC
(born 8 January 1946) is a judge
of the Supreme Courts of Scotland
, and a former Lord Advocate
, the country's senior Law Officer
. He led the prosecution team in the preparation of the original Lockerbie bombing trial
, but resigned as Lord Advocate shortly before the trial commenced in 2000.
, Hardie was educated at St Modan's High School
, Stirling
and at the University of Edinburgh
(M.A.
, LL.B.
). He was admitted as a solicitor in 1971 and to the Faculty of Advocates
in 1973. He served as an Advocate Depute from 1979 to 1983, and was appointed Queen's Counsel
in 1985. He was Treasurer of the Faculty of Advocates from 1989 until he was elected Dean of the Faculty from 1994 to 1997. From 1991 to 1994 he sat as a part-time Chairman of the Medical Appeals Tribunal.
's 1997 election victory
, Hardie was appointed Lord Advocate
, and created a life peer
, as Baron Hardie, of Blackford
in the City of Edinburgh, and appointed to the Privy Council. As well as serving as the country's top prosecutor, he played an active role in the House of Lords
, including acting as a Government spokesman during the passage of the Scotland Act 1998
. Under the terms of this Act, the Lord Advocate became a member of the new Scottish Executive, with his duties to the UK Government passing to the newly-created office of Advocate General for Scotland
. The first Scottish Parliament
was elected in 1999
, at which time Hardie became a member of the Scottish Executive.
from London to New York was blown up over the Scottish town of Lockerbie
, killing two hundred and seventy people. In 1991, two Libyan men were indicted for the bombing, but their trial did not begin until May 2000. The trial itself was held in a special sitting of the High Court of Justiciary
, sitting as the Scottish Court in the Netherlands
, at Camp Zeist, a former US Air Force base in Utrecht
, Netherlands
. Hardie took over as Lord Advocate shortly before arrangements for the trial were agreed, and it was intended he would lead the prosecution team, however he resigned as Lord Advocate in March 2000, two months before the trial was scheduled to begin, and was forced to defend himself against accusations of having 'abandoned' the victims' families. He was succeeded as Lord Advocate by the Solicitor General
, Colin Boyd
.
and High Court of Justiciary
in March 2000. In 2008, a review of judicial performance named him as "Scotland's worst judge". The figures showed that eighty-four sentences imposed by Hardie had been overturned on appeal, all having been reduced, while two convictions were successfully overturned, although both these convictions arose from the one case, in which it was found Hardie had misdirected the jury on a point of law.
Hardie was appointed to the Inner House
of the Court of Session in 2010, and as such is eligible to be an acting judge of the Supreme Court of the United Kingdom
under section 38 of the Constitutional Reform Act 2005
.
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(born 8 January 1946) is a judge
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
of the Supreme Courts of Scotland
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
, and a former Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, the country's senior Law Officer
Law Officers of the Crown
The Law Officers of the Crown are the chief legal advisers to the Crown, and advise and represent the various governments in the United Kingdom and the other Commonwealth Realms. In England and Wales, Northern Ireland and most Commonwealth and colonial governments, the chief law officer of the...
. He led the prosecution team in the preparation of the original Lockerbie bombing trial
Pan Am Flight 103 bombing trial
The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988...
, but resigned as Lord Advocate shortly before the trial commenced in 2000.
Early life
Born in AlloaAlloa
Alloa is a town and former burgh in Clackmannanshire, set in the Central Lowlands of Scotland. It lies on on the north bank of the Firth of Forth close to the foot of the Ochil Hills, east of Stirling and north of Falkirk....
, Hardie was educated at St Modan's High School
St Modan's High School
St Modan's RC High School is an S1-S6 Catholic High School in Stirling, Scotland. The school roll currently stands at over 900 pupils. Pupils travel from the Denny, Banknock, Alloa, Tullibody, Sauchie, Alva, Raploch, Cowie, Bannockburn, Braehead, Riverside, Dunblane and Blanefield areas...
, Stirling
Stirling
Stirling is a city and former ancient burgh in Scotland, and is at the heart of the wider Stirling council area. The city is clustered around a large fortress and medieval old-town beside the River Forth...
and at the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
(M.A.
Master of Arts (Scotland)
A Master of Arts in Scotland can refer to an undergraduate academic degree in humanities and social sciences awarded by the ancient universities of Scotland – the University of St Andrews, the University of Glasgow, the University of Aberdeen and the University of Edinburgh, while the University of...
, LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
). He was admitted as a solicitor in 1971 and to the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
in 1973. He served as an Advocate Depute from 1979 to 1983, and was appointed Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1985. He was Treasurer of the Faculty of Advocates from 1989 until he was elected Dean of the Faculty from 1994 to 1997. From 1991 to 1994 he sat as a part-time Chairman of the Medical Appeals Tribunal.
Lord Advocate
Following LabourLabour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
's 1997 election victory
United Kingdom general election, 1997
The United Kingdom general election, 1997 was held on 1 May 1997, more than five years after the previous election on 9 April 1992, to elect 659 members to the British House of Commons. The Labour Party ended its 18 years in opposition under the leadership of Tony Blair, and won the general...
, Hardie was appointed Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, and created a life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
, as Baron Hardie, of Blackford
Blackford, Edinburgh
Blackford is an area in the south of Edinburgh, Scotland. It is a reasonably affluent area, and contains Blackford Hill, one of the supposed "Seven Hills of Edinburgh", which has the city's Astronomical observatory on it...
in the City of Edinburgh, and appointed to the Privy Council. As well as serving as the country's top prosecutor, he played an active role in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, including acting as a Government spokesman during the passage of the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
. Under the terms of this Act, the Lord Advocate became a member of the new Scottish Executive, with his duties to the UK Government passing to the newly-created office of Advocate General for Scotland
Advocate General for Scotland
Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and UK Government on Scots law...
. The first Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
was elected in 1999
Scottish Parliament election, 1999
The Scottish Parliament election, 1999 was the first general election of the Scottish Parliament, with voting taking place on 6 May 1999 to elect 129 members...
, at which time Hardie became a member of the Scottish Executive.
Lockerbie trial
On Wednesday 21 December 1988, Pan Am Flight 103Pan Am Flight 103
Pan Am Flight 103 was Pan American World Airways' third daily scheduled transatlantic flight from London Heathrow Airport to New York's John F. Kennedy International Airport...
from London to New York was blown up over the Scottish town of Lockerbie
Lockerbie
Lockerbie is a town in the Dumfries and Galloway region of south-western Scotland. It lies approximately from Glasgow, and from the English border. It had a population of 4,009 at the 2001 census...
, killing two hundred and seventy people. In 1991, two Libyan men were indicted for the bombing, but their trial did not begin until May 2000. The trial itself was held in a special sitting of the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, sitting as the Scottish Court in the Netherlands
Scottish Court in the Netherlands
The Scottish court in the Netherlands was the special High Court of Justiciary set up under Scots law in a former United States Air Force base called Camp Zeist in Utrecht, in the Netherlands, for the trial of two Libyans charged with 270 counts of murder in connection with the bombing of Pan Am...
, at Camp Zeist, a former US Air Force base in Utrecht
Utrecht (city)
Utrecht city and municipality is the capital and most populous city of the Dutch province of Utrecht. It is located in the eastern corner of the Randstad conurbation, and is the fourth largest city of the Netherlands with a population of 312,634 on 1 Jan 2011.Utrecht's ancient city centre features...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
. Hardie took over as Lord Advocate shortly before arrangements for the trial were agreed, and it was intended he would lead the prosecution team, however he resigned as Lord Advocate in March 2000, two months before the trial was scheduled to begin, and was forced to defend himself against accusations of having 'abandoned' the victims' families. He was succeeded as Lord Advocate by the Solicitor General
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
, Colin Boyd
Colin Boyd, Baron Boyd of Duncansby
Colin Boyd, Baron Boyd of Duncansby, PC, QC, was Lord Advocate for Scotland from 24 February 2000 until his resignation on 4 October 2006. On 11 April 2006, Downing Street announced that Colin Boyd would take a seat as a crossbench life peer; however he took the Labour whip after resigning as...
.
The Bench
Lord Hardie was appointed a Judge of the Court of SessionCourt of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
in March 2000. In 2008, a review of judicial performance named him as "Scotland's worst judge". The figures showed that eighty-four sentences imposed by Hardie had been overturned on appeal, all having been reduced, while two convictions were successfully overturned, although both these convictions arose from the one case, in which it was found Hardie had misdirected the jury on a point of law.
Hardie was appointed to the Inner House
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance...
of the Court of Session in 2010, and as such is eligible to be an acting judge of the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
under section 38 of the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
.
See also
- List of Senators of the College of Justice
- List of Scottish Executive Ministerial Teams
- List of Life Peerages