Colin Boyd, Baron Boyd of Duncansby
Encyclopedia
Colin Boyd, Baron Boyd of Duncansby, PC
, QC
, (born 7 June 1953) 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 Lord Advocate
. He was formally introduced into the House of Lords
on 3 July 2006. On the day SNP leader, Alex Salmond
, was elected First Minister of Scotland (16 May 2007) it was reported that Boyd is quitting the Scottish Bar to become a part-time consultant with public law solicitors, Dundas & Wilson
. He told The Herald, "This is a first. I don't think a Lord Advocate has ever done this—left the Bar and become a solicitor." Boyd remains a Queen's Counsel
and continues to sit in the House of Lords.
in Caithness
– a favourite spot for family outings – when he was a child living in Wick. He was educated at Wick High School and George Watson's College
, Edinburgh and graduated BA (Econ) from Manchester University in politics and economics, and LLB from Edinburgh University. He was a solicitor in private practice before being called to the Scottish Bar in 1983. Boyd was an Advocate Depute from 1993 to 1995 and took Silk as Queen's Counsel in 1995. He is a legal Associate of the Royal Town Planning Institute
. As an Advocate he built up a practice in administrative law.
but left to join the breakaway Scottish Labour Party
, sharing the SLP founder Jim Sillars
' distrust of the mainstream Labour Party to follow through on its commitment to devolution. Boyd stood as a parliamentary candidate for the SLP at the 1979 general election but garnered only 176 votes. When the SLP disbanded, after its failure to make an impact at that election, he decided to rejoin the Labour Party rather than follow Sillars into the Scottish National Party
. After the 1997 general election, he was appointed Solicitor General for Scotland
. He was promoted to Lord Advocate in 2000 upon the elevation of Andrew Hardie
to the bench. He was appointed a Privy Counsellor in 2000.
In December 2006, after Boyd had been replaced as Lord Advocate by Elish Angiolini, First Minister Jack McConnell
was questioned by the Metropolitan Police
about his nomination of Boyd for a peerage. McConnell said he was "disappointed" over what he regarded as a "normal and straightforward nomination" becoming caught up in Scotland Yard's cash for peerages
investigation.http://news.bbc.co.uk/1/hi/uk_politics/6293191.stm
between May 2000 and January 2001. Of the two defendants, one – Fhimah – was acquitted and the other – Megrahi – was convicted on 31 January 2001 of 270 counts of murder, and sentenced to 27 years in jail. Controversy continues to surround Megrahi's conviction despite the rejection of his appeal on 14 March 2002. Evidence presented at the trial has been called into question and doubts have been expressed about the reliability of several key prosecution witnesses. According to The Sunday Times of 23 October 2005 former Lord Advocate, Lord Fraser of Carmyllie, described one such witness as "not quite the full shilling" and "an apple short of a picnic". Boyd has demanded that Lord Fraser should issue a public statement clarifying what he actually said about this witness, and what he meant by those remarks.
fingerprint controversy, when she was awarded £750,000 compensation in an out-of-court settlement. As Solicitor General, Boyd was responsible for the prosecution of DC McKie after she denied an accusation by Scottish Criminal Record Office
(SCRO) fingerprint officers that she left her thumb print at a murder scene in January 1997. McKie was arrested in March 1998, charged with perjury
but at her trial in May 1999 the SCRO fingerprint evidence was rejected, and she was acquitted.
A senior Scottish police officer, James Mackay QPM, was appointed in June 2000 by the Crown Office to investigate the matter. Mackay's interim report in August 2000 suggested that the evidence given in court by the four SCRO personnel amounted to 'collective manipulation and collective collusion'. As a result, the four fingerprint officers were immediately suspended by SCRO, and Scottish ministers were informed. Mackay's final confidential report was presented to the Lord Advocate in October 2000. The report remained under wraps until extracts were published in the Scotsman
newspaper in February 2006. Mackay had concluded that 'cover-up and criminality' had taken place at SCRO and recommended that the four fingerprint officers should be prosecuted. However, the Scotsman also revealed that Boyd had decided in September 2001 to take no action in response to Mackay's recommendation, and the four SCRO officers were reinstated.
In June 2007, the same newspaper raised questions over to what extent Boyd's decision not to prosecute the SCRO personnel in the autumn of 2000 was related to the then ongoing Pan Am Flight 103 bombing trial
, where he was leading the prosecution. With the eyes of the world focused upon the Scottish judicial system, it could have undermined the Crown's case to have the SCRO scrutinized and its fingerprint experts prosecuted for covering up acts of criminality.
Veteran Lockerbie campaigner and retired Labour MP, Tam Dalyell
, asked Boyd 'to consider his position', while Michael Russell MSP
insisted that Boyd could not continue as Lord Advocate.
Boyd's successor as Lord Advocate, Elish Angiolini, has agreed to appear before the Fingerprint Inquiry
which began on 2 June 2009.
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 7 June 1953) was 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...
for Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
from 24 February 2000 until his resignation on 4 October 2006. On 11 April 2006, Downing Street
10 Downing Street
10 Downing Street, colloquially known in the United Kingdom as "Number 10", is the headquarters of Her Majesty's Government and the official residence and office of the First Lord of the Treasury, who is now always the Prime Minister....
announced that Colin Boyd would take a seat as a crossbench 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...
; however he took the Labour whip after resigning as 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...
. He was formally introduced into 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....
on 3 July 2006. On the day SNP leader, Alex Salmond
Alex Salmond
Alexander Elliot Anderson "Alex" Salmond MSP is a Scottish politician and current First Minister of Scotland. He became Scotland's fourth First Minister in May 2007. He is the Leader of the Scottish National Party , having served as Member of the Scottish Parliament for Gordon...
, was elected First Minister of Scotland (16 May 2007) it was reported that Boyd is quitting the Scottish Bar to become a part-time consultant with public law solicitors, Dundas & Wilson
Dundas & Wilson
Dundas & Wilson LLP is a leading commercial UK law firm with offices in Edinburgh, Glasgow and London. The firm is based in Scotland, but like other large Scottish law firms, it now has an established practice in London, which earns 39% of its total revenues...
. He told The Herald, "This is a first. I don't think a Lord Advocate has ever done this—left the Bar and become a solicitor." Boyd remains a 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...
and continues to sit in the House of Lords.
Legal evolution
Lord Boyd's title is taken from Duncansby HeadDuncansby Head
Duncansby Head is the most north-easterly part of the Scottish mainland, including even the famous John o' Groats, Caithness, Highland...
in Caithness
Caithness
Caithness is a registration county, lieutenancy area and historic local government area of Scotland. The name was used also for the earldom of Caithness and the Caithness constituency of the Parliament of the United Kingdom . Boundaries are not identical in all contexts, but the Caithness area is...
– a favourite spot for family outings – when he was a child living in Wick. He was educated at Wick High School and George Watson's College
George Watson's College
George Watson's College, known informally as Watson's, is a co-educational independent day school in Scotland, situated on Colinton Road, in the Merchiston area of Edinburgh. It was first established as a hospital school in 1741, became a day school in 1871 and was merged with its sister school...
, Edinburgh and graduated BA (Econ) from Manchester University in politics and economics, and LLB from Edinburgh University. He was a solicitor in private practice before being called to the Scottish Bar in 1983. Boyd was an Advocate Depute from 1993 to 1995 and took Silk as Queen's Counsel in 1995. He is a legal Associate of the Royal Town Planning Institute
Royal Town Planning Institute
The Royal Town Planning Institute is a body representing planning professionals in the United Kingdom and Republic of Ireland. It was founded in 1914.-Members:...
. As an Advocate he built up a practice in administrative law.
Political career
As a university student, he joined the Labour PartyLabour 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...
but left to join the breakaway Scottish Labour Party
Scottish Labour Party (1976-1981)
The Scottish Labour Party was formed on January 18, 1976, as a breakaway from the UK Labour Party, by members disaffected with the then Labour Government's failure to secure a devolved Scottish Assembly, as well as with its social and economic agenda...
, sharing the SLP founder Jim Sillars
Jim Sillars
Jim Sillars is a Scottish politician. He is married to current member of the Scottish Parliament, Margo MacDonald.-Early life:...
' distrust of the mainstream Labour Party to follow through on its commitment to devolution. Boyd stood as a parliamentary candidate for the SLP at the 1979 general election but garnered only 176 votes. When the SLP disbanded, after its failure to make an impact at that election, he decided to rejoin the Labour Party rather than follow Sillars into the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
. After the 1997 general election, he was appointed Solicitor General for Scotland
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...
. He was promoted to Lord Advocate in 2000 upon the elevation of Andrew Hardie
Andrew Hardie, Baron Hardie
Andrew Rutherford Hardie, Baron Hardie, PC, QC is a judge of the Supreme Courts of Scotland, and a former Lord Advocate, the country's senior Law Officer...
to the bench. He was appointed a Privy Counsellor in 2000.
Controversial peerage
Following the announcement on 11 April 2006 of Boyd's appointment to the House of Lords, his peerage nomination became a talking point in Scottish political circles. http://news.bbc.co.uk/1/hi/scotland/4896744.stm However, Boyd defended the appointment, saying:- "I remain firmly committed to the full time role of Lord Advocate, leading the Crown Office and Procurator Fiscal ServiceProcurator FiscalA procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
, and seeing through the programme of reform I initiated four years ago. Appointment to the House of Lords is a natural extension of my duties as Lord Advocate and a development which will allow me to represent Scotland's interests at home and at UK level."
In December 2006, after Boyd had been replaced as Lord Advocate by Elish Angiolini, First Minister Jack McConnell
Jack McConnell
Jack Wilson McConnell, Baron McConnell of Glenscorrodale is a British Labour life peer in the House of Lords. He was third First Minister of Scotland from 2001 to 2007, making him the longest serving First Minister in the history of the Scottish Parliament...
was questioned by the Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
about his nomination of Boyd for a peerage. McConnell said he was "disappointed" over what he regarded as a "normal and straightforward nomination" becoming caught up in Scotland Yard's cash for peerages
Cash for Peerages
Cash for Honours is the name given by some in the media to a political scandal in the United Kingdom in 2006 and 2007 concerning the connection between political donations and the award of life peerages...
investigation.http://news.bbc.co.uk/1/hi/uk_politics/6293191.stm
Lockerbie trial
Lord Boyd of Duncansby's role as Lord Advocate featured leading the prosecution in the Pan Am Flight 103 bombing trialPan 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...
between May 2000 and January 2001. Of the two defendants, one – Fhimah – was acquitted and the other – Megrahi – was convicted on 31 January 2001 of 270 counts of murder, and sentenced to 27 years in jail. Controversy continues to surround Megrahi's conviction despite the rejection of his appeal on 14 March 2002. Evidence presented at the trial has been called into question and doubts have been expressed about the reliability of several key prosecution witnesses. According to The Sunday Times of 23 October 2005 former Lord Advocate, Lord Fraser of Carmyllie, described one such witness as "not quite the full shilling" and "an apple short of a picnic". Boyd has demanded that Lord Fraser should issue a public statement clarifying what he actually said about this witness, and what he meant by those remarks.
Fingerprint controversy
In February 2006, Boyd was drawn into the detective constable Shirley McKieShirley McKie
Shirley McKie is a former Scottish police detective who was accused by fingerprint analysis staff of the Scottish Criminal Record Office of leaving her thumb print on the bathroom door frame of a murder crime-scene in Kilmarnock on 14 January 1997....
fingerprint controversy, when she was awarded £750,000 compensation in an out-of-court settlement. As Solicitor General, Boyd was responsible for the prosecution of DC McKie after she denied an accusation by Scottish Criminal Record Office
Scottish Criminal Record Office
Criminal Justice Information Services is a department of the Scottish Police Services Authority. Previously called the Scottish Criminal Record Office , it established in 1960 with a mission statement “To manage information for the Scottish Police Service, wider Criminal Justice Community and the...
(SCRO) fingerprint officers that she left her thumb print at a murder scene in January 1997. McKie was arrested in March 1998, charged with perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
but at her trial in May 1999 the SCRO fingerprint evidence was rejected, and she was acquitted.
A senior Scottish police officer, James Mackay QPM, was appointed in June 2000 by the Crown Office to investigate the matter. Mackay's interim report in August 2000 suggested that the evidence given in court by the four SCRO personnel amounted to 'collective manipulation and collective collusion'. As a result, the four fingerprint officers were immediately suspended by SCRO, and Scottish ministers were informed. Mackay's final confidential report was presented to the Lord Advocate in October 2000. The report remained under wraps until extracts were published in the Scotsman
The Scotsman
The Scotsman is a British newspaper, published in Edinburgh.As of August 2011 it had an audited circulation of 38,423, down from about 100,000 in the 1980s....
newspaper in February 2006. Mackay had concluded that 'cover-up and criminality' had taken place at SCRO and recommended that the four fingerprint officers should be prosecuted. However, the Scotsman also revealed that Boyd had decided in September 2001 to take no action in response to Mackay's recommendation, and the four SCRO officers were reinstated.
In June 2007, the same newspaper raised questions over to what extent Boyd's decision not to prosecute the SCRO personnel in the autumn of 2000 was related to the then ongoing Pan Am Flight 103 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...
, where he was leading the prosecution. With the eyes of the world focused upon the Scottish judicial system, it could have undermined the Crown's case to have the SCRO scrutinized and its fingerprint experts prosecuted for covering up acts of criminality.
Veteran Lockerbie campaigner and retired Labour MP, Tam Dalyell
Tam Dalyell
Sir Thomas Dalyell Loch, 11th Baronet , known as Tam Dalyell, is a British Labour Party politician, who was a Member of Parliament in the House of Commons from 1962 to 2005, first for West Lothian and then for Linlithgow.-Early life:...
, asked Boyd 'to consider his position', while Michael Russell MSP
Member of the Scottish Parliament
Member of the Scottish Parliament is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.-Methods of Election:MSPs are elected in one of two ways:...
insisted that Boyd could not continue as Lord Advocate.
Boyd's successor as Lord Advocate, Elish Angiolini, has agreed to appear before the Fingerprint Inquiry
Fingerprint Inquiry
The Fingerprint Inquiry is a public inquiry set up by Scottish Government ministers under the Inquiries Act 2005 to look at the steps which were taken to identify and verify the fingerprints associated with the case of HM Advocate v McKie in 1999...
which began on 2 June 2009.
See also
- Pan Am Flight 103Pan Am Flight 103Pan 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...
- Pan Am Flight 103 bombing trialPan Am Flight 103 bombing trialThe 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...
- Investigation into the bombing of Pan Am Flight 103Investigation into the bombing of Pan Am Flight 103The investigation into the bombing of Pan Am Flight 103 began at 19:03 on December 21, 1988 when Pan Am Flight 103 was blown up over Lockerbie in Dumfries and Galloway, Scotland. The perpetrators had intended the plane to crash into the sea, destroying any traceable evidence, but the late departure...
- Pan Am Flight 103 conspiracy theories
- Hans Köchler's Lockerbie trial observer missionHans Köchler's Lockerbie trial observer missionHans Köchler's Lockerbie trial observer mission stemmed from the dispute between the United Kingdom, the United States, and Libya concerning arrangements for the trial of two Libyans accused of causing the explosion of Pan Am Flight 103 over Lockerbie on 21 December 1988.The dispute was resolved on...
- List of Scottish Executive Ministerial Teams
- Lord Fraser of Carmyllie
Publications
Boyd contributed to a book The Legal Aspects of Devolution published just before the 1997 General election.External links
- Police investigations of "politically sensitive" or high profile crimes
- Lord Boyd explains McKie case prosecution decision, but is silent on any Lockerbie connection
- Honour for prosecutor causes row
- James Mackay's confidential report
- http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/04_05_06_precogone.pdfJames Mackay's precognitionPrecognition (Scots law)Precognition in Scots law is the practice of taking a factual statement from witnesses before a trial is enjoined. This is often undertaken by trainee lawyers or precognition officers employed by firms. Many of these are former policemen....
] - Lord Boyd announces his resignation