Brian Hutton, Baron Hutton
Encyclopedia
James Brian Edward Hutton, Baron Hutton, PC
, QC
(born June 29, 1931), is a former Lord Chief Justice of Northern Ireland
and British
Lord of Appeal in Ordinary
.
, the son of a railways executive, he won a scholarship to Shrewsbury School
and Balliol College, Oxford
(BA jurisprudence, 1953) before returning to Belfast to become a barrister
(after study at Queen's University Belfast), being called to the Northern Ireland Bar in 1954. He began working as junior counsel to the Attorney General
for Northern Ireland in 1969.
He became Queen's Counsel
in 1970. From 1979 to 1988, he was (as Sir Brian Hutton) a High Court judge. In 1988 he became Lord Chief Justice of Northern Ireland
, becoming a member of the Privy Council
of Northern Ireland, before moving to England
in 1997 to become a Lord of Appeal in Ordinary
. He was consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down
.
's appeal against his controversial murder
conviction. On March 21, 2002, Lord Hutton was one of four Law Lords to reject David Shayler
's application to use a "public interest" defence as defined in section 1 of the Official Secrets Act 1989
at his trial.
Lord Hutton represented the Ministry of Defence
at the inquest into the killing of civil rights marchers on "Bloody Sunday". Later, he publicly reprimanded Major Hubert O'Neil, the coroner presiding over the inquest, when the coroner accused the British Army
of murder, as this contradicted the findings of the Widgery Tribunal.
Lord Hutton also came to public attention in 1999 during the extradition proceedings of former Chilean dictator Gen. Augusto Pinochet
. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five Law Lords
, the UK's highest court, decided by a 3-2 majority that Pinochet was to be extradited to Spain. The verdict was then overturned by a panel of seven Law Lords, including Lord Hutton on the grounds that Lord Hoffmann, one of the five Law Lords, had links to human rights
group Amnesty International
which had campaigned for Pinochet's extradition.
In 1978 he defended Britain in the European Court of Human Rights when it was found guilty of torturing internees without trial. He sentenced 10 men to 1,001 years in prison on the word of 'supergrass' informer Robert Quigley who was granted immunity in 1984.
Lord Hutton was appointed by the Blair
government to chair the inquiry
on the circumstances surrounding the death of the British scientist David Kelly. The inquiry commenced on August 11, 2003. Many observers were surprised when he delivered his report on January 28, 2004, and cleared the British Government in large part. His criticism of the BBC
was regarded by some as unduly harsh; one critic commented that he had given the "benefit of judgement to virtually everyone in the government and no-one in the BBC.". The Independent
newspaper had one word on its front page the next day: "whitewash".
Peter Oborne
wrote in The Spectator in January 2004: "Legal opinion in Northern Ireland
, where Lord Hutton practised for most of his career, emphasises the caution of his judgments. He is said to have been habitually chary of making precedents. But few people seriously doubt Hutton's fairness or independence. Though [he is] a dour Presbyterian, there were spectacular acquittals of some very grisly IRA
terrorist suspects when he was a judge in the Diplock
era."
Sinn Féin
and former IRA member (volunteer) Danny Morrison
wrote in The Guardian
: "Although in the Belfast high court Hutton occasionally acquitted republicans and dismissed the appeals of soldiers, nationalists generally considered him a hanging judge and the guardian angel of soldiers and police officers."
Lord Hutton retired as a Law Lord on January 11, 2004.
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, 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 June 29, 1931), is a former Lord Chief Justice of Northern Ireland
Lord Chief Justice of Northern Ireland
The Lord Chief Justice of Northern Ireland is the head of the judiciary in Northern Ireland, presiding over the Courts of Northern Ireland. The present Lord Chief Justice of Northern Ireland is Sir Declan Morgan...
and British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
.
Background
Hutton was born in BelfastBelfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...
, the son of a railways executive, he won a scholarship to Shrewsbury School
Shrewsbury School
Shrewsbury School is a co-educational independent school for pupils aged 13 to 18, founded by Royal Charter in 1552. The present campus to which the school moved in 1882 is located on the banks of the River Severn in Shrewsbury, Shropshire, England...
and Balliol College, Oxford
Balliol College, Oxford
Balliol College , founded in 1263, is one of the constituent colleges of the University of Oxford in England but founded by a family with strong Scottish connections....
(BA jurisprudence, 1953) before returning to Belfast to become a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
(after study at Queen's University Belfast), being called to the Northern Ireland Bar in 1954. He began working as junior counsel to the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
for Northern Ireland in 1969.
He became 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 1970. From 1979 to 1988, he was (as Sir Brian Hutton) a High Court judge. In 1988 he became Lord Chief Justice of Northern Ireland
Lord Chief Justice of Northern Ireland
The Lord Chief Justice of Northern Ireland is the head of the judiciary in Northern Ireland, presiding over the Courts of Northern Ireland. The present Lord Chief Justice of Northern Ireland is Sir Declan Morgan...
, becoming a member of the Privy Council
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...
of Northern Ireland, before moving to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
in 1997 to become a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
. He was consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down
County Down
-Cities:*Belfast *Newry -Large towns:*Dundonald*Newtownards*Bangor-Medium towns:...
.
Judge
On March 30, 1994 as Lord Chief Justice of Northern Ireland, he dismissed Private Lee CleggLee Clegg
Sergeant Lee Clegg is a British Army soldier who was convicted of murder for his involvement in the shooting dead of two teenage joyriders in West Belfast, Northern Ireland. His conviction was later overturned.-Shooting:...
's appeal against his controversial murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
conviction. On March 21, 2002, Lord Hutton was one of four Law Lords to reject David Shayler
David Shayler
David Shayler is a British journalist and former MI5 officer. Shayler earned notoriety after being prosecuted under the Official Secrets Act 1989 for his passing secret documents to the Mail on Sunday in August 1997 that alleged that MI5 was paranoid about socialists, and that it had previously...
's application to use a "public interest" defence as defined in section 1 of the Official Secrets Act 1989
Official Secrets Act 1989
The Official Secrets Act 1989 is an Act of the Parliament of the United Kingdom. It repeals and replaces section 2 of the Official Secrets Act 1911. It is said to have removed the public interest defence created by that section....
at his trial.
Lord Hutton represented the Ministry of Defence
Ministry of Defence (United Kingdom)
The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
at the inquest into the killing of civil rights marchers on "Bloody Sunday". Later, he publicly reprimanded Major Hubert O'Neil, the coroner presiding over the inquest, when the coroner accused the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
of murder, as this contradicted the findings of the Widgery Tribunal.
Lord Hutton also came to public attention in 1999 during the extradition proceedings of former Chilean dictator Gen. Augusto Pinochet
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte, more commonly known as Augusto Pinochet , was a Chilean army general and dictator who assumed power in a coup d'état on 11 September 1973...
. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five Law Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, the UK's highest court, decided by a 3-2 majority that Pinochet was to be extradited to Spain. The verdict was then overturned by a panel of seven Law Lords, including Lord Hutton on the grounds that Lord Hoffmann, one of the five Law Lords, had links to human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
group Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
which had campaigned for Pinochet's extradition.
In 1978 he defended Britain in the European Court of Human Rights when it was found guilty of torturing internees without trial. He sentenced 10 men to 1,001 years in prison on the word of 'supergrass' informer Robert Quigley who was granted immunity in 1984.
Lord Hutton was appointed by the Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
government to chair the inquiry
Hutton Inquiry
The Hutton Inquiry was a 2003 judicial inquiry in the UK chaired by Lord Hutton, who was appointed by the Labour government to investigate the circumstances surrounding the death of David Kelly, a biological warfare expert and former UN weapons inspector in Iraq.On 18 July 2003, Kelly, an employee...
on the circumstances surrounding the death of the British scientist David Kelly. The inquiry commenced on August 11, 2003. Many observers were surprised when he delivered his report on January 28, 2004, and cleared the British Government in large part. His criticism of the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
was regarded by some as unduly harsh; one critic commented that he had given the "benefit of judgement to virtually everyone in the government and no-one in the BBC.". The Independent
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
newspaper had one word on its front page the next day: "whitewash".
Peter Oborne
Peter Oborne
Peter Oborne is a British journalist and political commentator. He was educated at Sherborne School and The University of Cambridge. He is a Daily Mail and Daily Telegraph columnist, author of The Rise of Political Lying and The Triumph of the Political Class, and, with Frances Weaver, the...
wrote in The Spectator in January 2004: "Legal opinion in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, where Lord Hutton practised for most of his career, emphasises the caution of his judgments. He is said to have been habitually chary of making precedents. But few people seriously doubt Hutton's fairness or independence. Though [he is] a dour Presbyterian, there were spectacular acquittals of some very grisly IRA
Irish Republican Army
The Irish Republican Army was an Irish republican revolutionary military organisation. It was descended from the Irish Volunteers, an organisation established on 25 November 1913 that staged the Easter Rising in April 1916...
terrorist suspects when he was a judge in the Diplock
Diplock courts
The Diplock courts were a type of court established by the Government of the United Kingdom in Northern Ireland on 8 August 1973, in an attempt to overcome widespread jury intimidation associated with the Troubles. The right to trial by jury was suspended for certain "scheduled offences" and the...
era."
Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
and former IRA member (volunteer) Danny Morrison
Danny Morrison (republican)
Daniel Gerard Morrison , known generally as Danny Morrison is an Irish republican writer and activist...
wrote in The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
: "Although in the Belfast high court Hutton occasionally acquitted republicans and dismissed the appeals of soldiers, nationalists generally considered him a hanging judge and the guardian angel of soldiers and police officers."
Lord Hutton retired as a Law Lord on January 11, 2004.
Styles
- Mr Brian Hutton (1931–1970)
- Mr Brian Hutton, QC (1970–1979)
- Sir Brian Hutton (1979–1988)
- The Rt. Hon. Sir Brian Hutton (1988–1997)
- The Rt. Hon. The Lord Hutton, PC (1997–)
See also
- Members of the House of LordsMembers of the House of LordsThis is a list of members of the House of Lords, the upper house of the Parliament of the United Kingdom.-Lords Spiritual:-Lords Temporal:-Peers on leave of absence:...
- Judicial functions of the House of LordsJudicial functions of the House of LordsThe House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
- List of jurists
- List of members of the Privy Council
- List of Northern Ireland Members of the House of Lords
- List of Northern Ireland members of the Privy Council