Frank Mulholland
Encyclopedia
Frank Mulholland QC
(born 18 April 1959) is a Scottish
lawyer and has been Lord Advocate
, one of the Great Officers of State
of Scotland and the country's chief Law Officer
, since 19 May 2011, having previously been Solicitor General
, the junior Law Officer. He was the first Advocate Depute and Senior Advocate Depute appointed from within the Procurator Fiscal Service
, and only the second non-advocate
appointed to the office of Lord Advocate, the first being his predecessor, Elish Angiolini.
During his career he appeared for the Crown in the 2004 Glasgow Ice Cream Wars
appeals, prosecuted the significant HM Advocate v Transco
case in 2005, the first ever prosecution of a public limited company for culpable homicide
in the country, and oversaw prosecution of the infamous 2007 World's End murder trial
, which collapsed due to insufficient evidence and resulted in a public dispute between the Lord Advocate of the time, Elish Angiolini, and the Lord Justice General, Lord Hamilton
.
, Lanarkshire, to Charles and Jean Mulholland. He attended St Bernard's Primary School and St Columba's High School (now defunct) in Coatbridge. He studied at the School of Law
of the University of Aberdeen
, graduating with an LL.B.
in 1981 and Diploma in Legal Practice
in 1982, and completed his traineeship with Bird, Semple and Crawford Herron, Solicitors, Glasgow, being admitted as a solicitor
in 1984, at which time he joined the Procurator Fiscal Service
.
, before being transferred to the same post at Glasgow
in 1987. He remained there until 1991, when he was transferred to the Crown Office, working as a solicitor in the High Court
Unit. He became a Notary Public
(NP) in 1992 and joined the Society of Solicitors in the Supreme Courts of Scotland
in 1993. In 1994, he moved from the Crown Office's High Court Unit to its Appeals Unit, and in 1995 qualified as a solicitor-advocate.
In 1997, he became the first member of the Procurator Fiscal service to be appointed an Advocate Depute, a lawyer charged with prosecuting in the High Court
in the name of the Lord Advocate
. He also graduated that year from the University of Edinburgh
with a degree of Master of Business Administration (MBA)
. He became Assistant Procurator Fiscal at Edinburgh
in 1999 and District Procurator Fiscal in 2000.
He remained in office at Edinburgh until 2003, when he returned to the ranks of Crown Counsel as the Senior Advocate Depute. He prosecuted the significant HM Advocate v Transco plc
case, the first ever prosecution of a public limited company for culpable homicide in Scotland, and represented the Crown in the successful 2004 appeals by Thomas Campbell and Joe Steele, convicted over the so-called Glasgow Ice Cream Wars
. He was appointed Queens Counsel (QC) in 2005, in the same round of appointments as John Beckett
, whom he would later succeed as Solicitor General
.
In January 2006, Mulholland was appointed by Lord Advocate
Colin Boyd
as Area Procurator Fiscal for Lothian and Borders
, the head of the Procurator Fiscal Service in that sheriffdom
. In this role, he oversaw the high-profile trial for the 1977 World's End murders
, which was thrown out of court by the trial judge, Lord Clarke
, due to a lack of evidence. The Lord Advocate
at the time, Elish Angiolini, made a statement to the Scottish Parliament
, saying she was "disappointed" at the decision. This was criticised by Lord Justice General Lord Hamilton
, head of the Scottish judiciary, who said it undermined the independence of the judiciary.
First Minister
Alex Salmond
appointed Mulholland to succeed Labour Party
member John Beckett
as Solicitor General
, the junior of the two Law Officers of the Crown
in Scotland. Beckett, who had been junior defence counsel for Abdelbaset al-Megrahi in the Lockerbie trial
, was subsequently appointed a floating sheriff. The SNP government said at the time that they believed Mulholland to have no political affiliation. His appointment was approved by the Scottish Parliament
without the need for a vote and he was sworn in as Solicitor General at a ceremony at the Court of Session
on 30 May 2007. His appointment was significant in that it was the first time neither the Lord Advocate nor the Solicitor General had been a member of the Faculty of Advocates
. Both were invited to join the Faculty by its Dean, Richard Keen
, in October 2008.
Whilst Solicitor General, he formed the new Serious and Organised Crime Division within the Crown Office, as well as leading the successful prosecution of Peter Tobin
in 2007 for the 1991 murder of fifteen-year-old Vicky Hamilton.
, the senior Law Officer
in Scotland, following the 2011 Scottish elections. He succeeded Elish Angiolini and his appointment was agreed by the Scottish Parliament
on 25 May. He was succeeded as Solicitor General
by Lesley Thomson
, Area Procurator Fiscal for Glasgow.
On 13 July 2011, Mulholland was appointed to the Privy Council
.
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 18 April 1959) is a Scottish
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...
lawyer and has been 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...
, one of the Great Officers of State
Great Officer of State
In the United Kingdom, the Great Officers of State are traditional Crown ministers, who either inherit their positions or are appointed to exercise certain largely ceremonial functions. Separate Great Officers exist for England and Scotland, and formerly for Ireland...
of Scotland and the country's chief 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...
, since 19 May 2011, having previously been 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...
, the junior Law Officer. He was the first Advocate Depute and Senior Advocate Depute appointed from within the Procurator Fiscal Service
Crown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service provides the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution,...
, and only the second non-advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
appointed to the office of Lord Advocate, the first being his predecessor, Elish Angiolini.
During his career he appeared for the Crown in the 2004 Glasgow Ice Cream Wars
Glasgow Ice Cream Wars
The Glasgow Ice Cream Wars were conflicts in the East End of Glasgow in Scotland in the 1980s between rival ice cream van operators, over lucrative territory and suggested use of ice cream vans as a cover for selling drugs...
appeals, prosecuted the significant HM Advocate v Transco
Transco plc v HMA
The case of Transco Plc v HMA S.L.T. 2111 was the first ever prosecution for culpable homicide in Scotland with regards to a public limited company....
case in 2005, the first ever prosecution of a public limited company for culpable homicide
Culpable homicide
Culpable homicide is a specific offence in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence...
in the country, and oversaw prosecution of the infamous 2007 World's End murder trial
World's End murders
The World's End Murders were committed in October 1977 and, so named, as the victims were last seen alive leaving the World's End pub in Edinburgh's Old Town...
, which collapsed due to insufficient evidence and resulted in a public dispute between the Lord Advocate of the time, Elish Angiolini, and the Lord Justice General, Lord Hamilton
Arthur Hamilton, Lord Hamilton
Arthur Campbell Hamilton, Lord Hamilton, PC , is Scotland's most senior judge. He was chosen as Lord Justice General and Lord President of the Court of Session in November 2005, succeeding Lord Cullen.-Early life:...
.
Early life
Mulholland was born on 18 April 1959 in CoatbridgeCoatbridge
Coatbridge is a town in North Lanarkshire, Scotland, about east of Glasgow city centre, set in the central Lowlands. The town, with neighbouring Airdrie, is part of the Greater Glasgow urban area. The first settlement of the area stretches back to the Stone Age era...
, Lanarkshire, to Charles and Jean Mulholland. He attended St Bernard's Primary School and St Columba's High School (now defunct) in Coatbridge. He studied at the School of Law
University of Aberdeen School of Law
The School of Law at the University of Aberdeen dates back to the University's foundation in 1495. Today, it is one of the largest law schools in Scotland, admitting some two hundred and fifty students each year, as well as over forty international exchange students...
of the University of Aberdeen
University of Aberdeen
The University of Aberdeen, an ancient university founded in 1495, in Aberdeen, Scotland, is a British university. It is the third oldest university in Scotland, and the fifth oldest in the United Kingdom and wider English-speaking world...
, graduating with an 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...
in 1981 and Diploma in Legal Practice
Diploma in Legal Practice
The Diploma in Legal Practice is a Scottish postgraduate qualification required in order to practise law in Scotland, as either a solicitor or an advocate...
in 1982, and completed his traineeship with Bird, Semple and Crawford Herron, Solicitors, Glasgow, being admitted as a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
in 1984, at which time he joined the Procurator Fiscal Service
Crown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service provides the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution,...
.
Career
Mulholland's first posting was as a Procurator Fiscal Depute at GreenockGreenock
Greenock is a town and administrative centre in the Inverclyde council area in United Kingdom, and a former burgh within the historic county of Renfrewshire, located in the west central Lowlands of Scotland...
, before being transferred to the same post at Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
in 1987. He remained there until 1991, when he was transferred to the Crown Office, working as a solicitor in the High Court
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...
Unit. He became a Notary Public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
(NP) in 1992 and joined the Society of Solicitors in the Supreme Courts of Scotland
Society of Solicitors in the Supreme Courts of Scotland
The Society of Solicitors in the Supreme Courts of Scotland is a professional association of solicitors in Scotland representing those lawyers who practice in and around the College of Justice...
in 1993. In 1994, he moved from the Crown Office's High Court Unit to its Appeals Unit, and in 1995 qualified as a solicitor-advocate.
In 1997, he became the first member of the Procurator Fiscal service to be appointed an Advocate Depute, a lawyer charged with prosecuting in the High Court
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 the name of the 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 also graduated that year from 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...
with a degree of Master of Business Administration (MBA)
Master of Business Administration
The Master of Business Administration is a :master's degree in business administration, which attracts people from a wide range of academic disciplines. The MBA designation originated in the United States, emerging from the late 19th century as the country industrialized and companies sought out...
. He became Assistant Procurator Fiscal at Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
in 1999 and District Procurator Fiscal in 2000.
He remained in office at Edinburgh until 2003, when he returned to the ranks of Crown Counsel as the Senior Advocate Depute. He prosecuted the significant HM Advocate v Transco plc
Transco Plc v HM Advocate
Transco Plc v HM Advocate [2004] S.L.T. 995 is a Scottish company law case and was a decision from the High Court of Justiciary. It was the first ever attempted prosecution of a company for culpable homicide under Scots law. The case involved a gas explosion in Larkhall, South Lanarkshire, which...
case, the first ever prosecution of a public limited company for culpable homicide in Scotland, and represented the Crown in the successful 2004 appeals by Thomas Campbell and Joe Steele, convicted over the so-called Glasgow Ice Cream Wars
Glasgow Ice Cream Wars
The Glasgow Ice Cream Wars were conflicts in the East End of Glasgow in Scotland in the 1980s between rival ice cream van operators, over lucrative territory and suggested use of ice cream vans as a cover for selling drugs...
. He was appointed Queens Counsel (QC) in 2005, in the same round of appointments as John Beckett
John Beckett (lawyer)
John Beckett QC is a Scottish lawyer who was Solicitor General for Scotland, the country's junior Law Officer from October 2006 to May 2007. He was appointed by Labour First Minister Jack McConnell on the appointment of former Solicitor General Elish Angiolini to the senior role of Lord Advocate...
, whom he would later succeed as 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...
.
In January 2006, Mulholland was appointed by 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...
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...
as Area Procurator Fiscal for Lothian and Borders
Lothian and Borders
Lothian and Borders is an area in south-east Scotland consisting of the East Lothian, City of Edinburgh, Midlothian, West Lothian areas along with the Scottish Borders....
, the head of the Procurator Fiscal Service in that sheriffdom
Sheriffdom
A sheriffdom is a judicial district in Scotland.Since 1 January 1975 there have been six sheriffdoms. Previously sheriffdoms were composed of groupings of counties...
. In this role, he oversaw the high-profile trial for the 1977 World's End murders
World's End murders
The World's End Murders were committed in October 1977 and, so named, as the victims were last seen alive leaving the World's End pub in Edinburgh's Old Town...
, which was thrown out of court by the trial judge, Lord Clarke
Matthew Clarke, Lord Clarke
Matthew Gerald Clarke, Lord Clarke is a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session.-Early life:...
, due to a lack of evidence. The 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...
at the time, Elish Angiolini, made a statement to the 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...
, saying she was "disappointed" at the decision. This was criticised by Lord Justice General Lord Hamilton
Arthur Hamilton, Lord Hamilton
Arthur Campbell Hamilton, Lord Hamilton, PC , is Scotland's most senior judge. He was chosen as Lord Justice General and Lord President of the Court of Session in November 2005, succeeding Lord Cullen.-Early life:...
, head of the Scottish judiciary, who said it undermined the independence of the judiciary.
Solicitor General
Following the 2007 Scottish election, newly-elected SNPScottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
First Minister
First Minister of Scotland
The First Minister of Scotland is the political leader of Scotland and head of the Scottish Government. The First Minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy...
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...
appointed Mulholland to succeed Labour Party
Labour 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...
member John Beckett
John Beckett (lawyer)
John Beckett QC is a Scottish lawyer who was Solicitor General for Scotland, the country's junior Law Officer from October 2006 to May 2007. He was appointed by Labour First Minister Jack McConnell on the appointment of former Solicitor General Elish Angiolini to the senior role of Lord Advocate...
as 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...
, the junior of the two Law Officers of the Crown
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...
in Scotland. Beckett, who had been junior defence counsel for Abdelbaset al-Megrahi in the Lockerbie 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...
, was subsequently appointed a floating sheriff. The SNP government said at the time that they believed Mulholland to have no political affiliation. His appointment was approved by the 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...
without the need for a vote and he was sworn in as Solicitor General at a ceremony at the Court of Session
Court 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....
on 30 May 2007. His appointment was significant in that it was the first time neither the Lord Advocate nor the Solicitor General had been a member of 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...
. Both were invited to join the Faculty by its Dean, Richard Keen
Richard Keen
Richard Sanderson Keen QC is a Scottish lawyer and Dean of the Faculty of Advocates.-Early life:Keen was educated at The King's School, Rochester and Dollar Academy, both prestigious independent schools, and studied at the School of Law of the University of Edinburgh, where he was a Beckman scholar...
, in October 2008.
Whilst Solicitor General, he formed the new Serious and Organised Crime Division within the Crown Office, as well as leading the successful prosecution of Peter Tobin
Peter Tobin
Peter Britton Tobin is a convicted Scottish serial killer and sex offender now serving a sentence of life imprisonment for the murders of three young women....
in 2007 for the 1991 murder of fifteen-year-old Vicky Hamilton.
Lord Advocate
Mulholland was appointed Lord AdvocateLord 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 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...
in Scotland, following the 2011 Scottish elections. He succeeded Elish Angiolini and his appointment was agreed by the 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...
on 25 May. He was succeeded as 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...
by Lesley Thomson
Lesley Thomson
Lesley Thomson is the Solicitor General for Scotland, one of the two law officers of the Scottish Government.She has 25 years' experience as a prosecutor, including as district procurator fiscal for Selkirk, district procurator fiscal for Edinburgh, and interim area procurator fiscal for Lothian &...
, Area Procurator Fiscal for Glasgow.
On 13 July 2011, Mulholland was appointed to the Privy Council
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...
.
See also
- Government of the 3rd Scottish ParliamentGovernment of the 3rd Scottish ParliamentThe Government of the 3rd Scottish Parliament was formed after the 2007 elections to the Scottish Parliament. The Scottish Government is headed by First Minister Alex Salmond.- First Salmond government :...
- Government of the 4th Scottish ParliamentGovernment of the 4th Scottish ParliamentThe Government of the 4th Scottish Parliament was formed after the 2011 elections to the Scottish Parliament. The Scottish Government is headed by First Minister Alex Salmond.- Second Salmond government :...