Margaret Scott (lawyer)
Encyclopedia
Margaret 'Maggie' Scott QC
(born Stockbridge, Edinburgh
in 1960) is a member of the Scottish Bar (Faculty of Advocates
), into which she was admitted in 1991. She 'took silk' in 2002, thus becoming a member of the prestigious Queen's Counsel
.
: "There are now almost 100 women practising at the Bar. Little more than a decade ago, the number of women at the Bar could almost have been counted on the fingers of one hand.
"The trend is encouraging and indicates that the erroneous perception of the Scottish Bar as being a male-only enclave is slowly but surely disappearing. Our approach now is very much one of if you are good enough, then you will be made welcome - it doesn’t matter what your gender may be."
She added: "It’s not just the numbers though that have changed, the atmosphere has also changed because there are more women there. It’s very positive. Any clubby atmosphere that was there has now disintegrated.
"I found it less difficult than I expected being a woman in a male-dominated world. It’s certainly become a lot easier for women. It started as a pretty well male preserve, but I think now you’re judged on your ability. If you’re good, you will earn the respect of both men and women.
"Men definitely still and always have had recognition for their work much more easily than women, but now we are starting to be seen in the high-profile sort of work such as the really big criminal cases. It’s hard work and very stimulating - but not nearly as well paid as people think."
"The Bar is perhaps the one place in the legal profession where there doesn’t appear to be any clear discrepancy in terms of earning potential, as advocates are self-employed and set their own fees."
, in which she defended both Abdelbaset al-Megrahi and Thomas 'TC' Campbell. She was also successful in the appeal case of Kim Galbraith, whose murder
conviction for shooting her policeman husband was reduced to diminished responsibility
.
for Megrahi's release on bail
pending the second appeal against his conviction at the Pan Am Flight 103 bombing trial
in 2001. The three judges reserved their judgment on the application. A week later, Megrahi's bail application was refused. Megrahi was told he would remain in jail for the duration of his second appeal (scheduled to begin on 27 April 2009).
At a preliminary hearing in February 2009, Scott requested that the prosecution should hand over to the defence previously withheld documents on Tony Gauci
, the Maltese shop-keeper whose critical trial evidence related to the burned remnants of clothing bought at his shop in Malta
that were later found inside a brown hardshell Samsonite suitcase containing the bomb that exploded over Lockerbie on 21 December 1988. Ronnie Clancy QC, Advocate Depute acting for the Crown
, said that a month before the start of the appeal Miss Scott will be given the 170 documents in question, or reasons why they should not be disclosed.
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 Stockbridge, Edinburgh
Stockbridge, Edinburgh
Stockbridge is an area of Edinburgh, located towards the north of the city, bounded by the New Town and by Comely Bank. The name is Scots stock brig from Anglic stocc brycg, meaning a timber bridge. Originally a small outlying village, it was incorporated into the City of Edinburgh in the 19th...
in 1960) is a member of the Scottish Bar (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...
), into which she was admitted in 1991. She 'took silk' in 2002, thus becoming a member of the prestigious 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...
.
Women at the Bar
In 2002, Scott told the Edinburgh Evening NewsEdinburgh Evening News
The Edinburgh Evening News is a local newspaper based in Edinburgh, Scotland. It is published daily . It has a circulation of 68,000 and is owned by Johnston Press, which also owns The Scotsman and many regional titles throughout the UK.Much of the copy contained in the Evening News concerns local...
: "There are now almost 100 women practising at the Bar. Little more than a decade ago, the number of women at the Bar could almost have been counted on the fingers of one hand.
"The trend is encouraging and indicates that the erroneous perception of the Scottish Bar as being a male-only enclave is slowly but surely disappearing. Our approach now is very much one of if you are good enough, then you will be made welcome - it doesn’t matter what your gender may be."
She added: "It’s not just the numbers though that have changed, the atmosphere has also changed because there are more women there. It’s very positive. Any clubby atmosphere that was there has now disintegrated.
"I found it less difficult than I expected being a woman in a male-dominated world. It’s certainly become a lot easier for women. It started as a pretty well male preserve, but I think now you’re judged on your ability. If you’re good, you will earn the respect of both men and women.
"Men definitely still and always have had recognition for their work much more easily than women, but now we are starting to be seen in the high-profile sort of work such as the really big criminal cases. It’s hard work and very stimulating - but not nearly as well paid as people think."
"The Bar is perhaps the one place in the legal profession where there doesn’t appear to be any clear discrepancy in terms of earning potential, as advocates are self-employed and set their own fees."
High-profile counsel
Scott has acted as lead counsel in a number of high-profile appeal cases such as the Lockerbie bombing and the Glasgow Ice Cream WarsGlasgow 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...
, in which she defended both Abdelbaset al-Megrahi and Thomas 'TC' Campbell. She was also successful in the appeal case of Kim Galbraith, whose 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 for shooting her policeman husband was reduced to diminished responsibility
Diminished responsibility
In criminal law, diminished responsibility is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. The defense's acceptance in American...
.
Megrahi's second appeal
On 6 November 2008, Scott applied to the Court of Criminal AppealCourt of Criminal Appeal
The Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.- Ireland :See Court of Criminal Appeal ...
for Megrahi's release on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
pending the second appeal against his conviction at the 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...
in 2001. The three judges reserved their judgment on the application. A week later, Megrahi's bail application was refused. Megrahi was told he would remain in jail for the duration of his second appeal (scheduled to begin on 27 April 2009).
At a preliminary hearing in February 2009, Scott requested that the prosecution should hand over to the defence previously withheld documents on Tony Gauci
Tony Gauci
Tony Gauci is a former proprietor of a clothes shop in Malta. According to evidence given at the Pan Am Flight 103 bombing trial in 2000, Mr Gauci sold the clothes which were said to have been wrapped around the improvised explosive device that brought the aircraft down...
, the Maltese shop-keeper whose critical trial evidence related to the burned remnants of clothing bought at his shop in Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
that were later found inside a brown hardshell Samsonite suitcase containing the bomb that exploded over Lockerbie on 21 December 1988. Ronnie Clancy QC, Advocate Depute acting for the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, said that a month before the start of the appeal Miss Scott will be given the 170 documents in question, or reasons why they should not be disclosed.