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{{Short description|Scottish lawyer and judge}} |
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{{Use dmy dates|date=February 2021}} |
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{{Infobox |
{{Infobox officeholder |
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|honorific-prefix = [[The Honourable]] |
|honorific-prefix = [[The Honourable]] |
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|name = Lady Scott |
|name = Lady Scott |
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|term_start = 2012 |
|term_start = 2012 |
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|term_end = |
|term_end = |
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|nominator = [[Alex Salmond]]<br / |
|nominator = [[Alex Salmond]]<br />As [[First Minister of Scotland|First Minister]] |
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|appointer = [[Elizabeth II of the United Kingdom|Elizabeth II]] |
|appointer = [[Elizabeth II of the United Kingdom|Elizabeth II]] |
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|birth_name = Margaret Elizabeth Scott |
|birth_name = Margaret Elizabeth Scott |
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|birth_date = 1960 |
|birth_date = {{birth year and age|1960}} |
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|birth_place = [[Nairobi]], [[Kenya]] |
|birth_place = [[Nairobi]], [[Kenya]] |
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|death_date = |
|death_date = |
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'''Margaret Elizabeth Scott, Lady Scott''' (born 1960, [[Nairobi]], [[Kenya]] |
'''Margaret Elizabeth Scott, Lady Scott''' (born 1960, [[Nairobi]], [[Kenya]]) is a Scottish lawyer who was appointed a judge in 2012. |
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==Early life and education== |
==Early life and education== |
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Scott was born in 1960 in [[Nairobi]], [[Kenya]].<ref>{{cite web|url=http://www.heraldscotland.com/content/scotlands-top-50-influential-women-7-14|title=Scotland's Top 50 Influential Women of 2012|website=The Herald|location=Glasgow|accessdate=27 September 2013}}</ref> She graduated from [[University of Edinburgh]] with a [[Bachelor of Laws]] (LLB) degree and from the [[University of Strathclyde]] with a [[Diploma in Legal Practice]] (DipLP).<ref name="Who's Who 2017">{{cite web|title=SCOTT, Hon. Lady|url=http://www.ukwhoswho.com/view/article/oupww/whoswho/U271515|website=Who's Who 2017|publisher=Oxford University Press|accessdate=17 March 2017|date=November 2016}}</ref> |
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==Legal career== |
==Legal career== |
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Scott was [[called to the bar]] in Scotland (the [[Faculty of Advocates]]) in 1991.<ref>{{cite press release|url=http://www.scotland.gov.uk/News/Releases/2003/05/3516|title=Appointment of part-time sheriffs|date=2 May 2003|publisher=Scottish Executive|accessdate=7 November 2008}}</ref> She "took silk" (became a [[Queen's Counsel]]) in 2002.<ref>{{cite news|url=http://www.scotsman.com/news/where-gender-is-no-bar-to-success-1-859517|title=Where gender is no Bar to success|date=16 September 2002|newspaper=[[The Scotsman]]|accessdate=27 September 2013}}</ref> She has acted as lead counsel in a number of high-profile appeal cases such as the [[Lockerbie bombing]] and the [[Glasgow Ice Cream Wars]], in which she defended [[Abdelbaset al-Megrahi]] and Thomas "TC" Campbell, respectively. She was also successful in the appeal case of Kim Galbraith, whose murder conviction for shooting her policeman husband was reduced to [[diminished responsibility]]. |
Scott was admitted as a [[solicitor]] in 1989,<ref name="Who's Who 2017" /> and she was [[called to the bar]] in Scotland (the [[Faculty of Advocates]]) in 1991.<ref>{{cite press release|url=http://www.scotland.gov.uk/News/Releases/2003/05/3516|title=Appointment of part-time sheriffs|date=2 May 2003|publisher=Scottish Executive|accessdate=7 November 2008}}</ref> She "took silk" (became a [[Queen's Counsel]]) in 2002.<ref>{{cite news|url=http://www.scotsman.com/news/where-gender-is-no-bar-to-success-1-859517|title=Where gender is no Bar to success|date=16 September 2002|newspaper=[[The Scotsman]]|accessdate=27 September 2013}}</ref> She has acted as lead counsel in a number of high-profile appeal cases such as the [[Lockerbie bombing]] and the [[Glasgow Ice Cream Wars]], in which she defended [[Abdelbaset al-Megrahi]] and Thomas "TC" Campbell, respectively. She was also successful in the appeal case of Kim Galbraith, whose murder conviction for shooting her policeman husband was reduced to [[diminished responsibility]]. |
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===Megrahi's second appeal=== |
===Megrahi's second appeal=== |
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On 6 November 2008, Scott applied to the [[Court of Criminal Appeal]] 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.<ref>{{cite web|url=http://news.bbc.co.uk/1/hi/scotland/south_of_scotland/7712018.stm|date=6 November 2008|title=Lockerbie bomber 'should go free'| |
On 6 November 2008, Scott applied to the [[Court of Criminal Appeal (Scotland)|Court of Criminal Appeal]] 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.<ref>{{cite web|url=http://news.bbc.co.uk/1/hi/scotland/south_of_scotland/7712018.stm|date=6 November 2008|title=Lockerbie bomber 'should go free'|work=BBC News|accessdate=6 November 2008}}</ref> A week later, Megrahi's bail application was refused.<ref>{{cite web|url=http://news.bbc.co.uk/1/hi/scotland/south_of_scotland/7713341.stm|title=Lockerbie bomber bail bid fails|date=14 November 2008|work=BBC News|accessdate=14 November 2008}}</ref> Megrahi was told he would remain in jail for the duration of his second appeal.<ref>{{cite web|url=http://www.zimbio.com/pictures/V3XdBi5oomz/Ruling+Given+Bail+Application+Lockerbie+Bomber/iORkd7CeiUH/Maggie+Scott|title=Ruling Given on Bail Application for the Lockerbie Bomber|accessdate=19 February 2009}}</ref> |
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===Judicial career=== |
===Judicial career=== |
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On 2 November 2012, |
From 2003 to 2012, Scott was a part-time [[Sheriff court|sheriff]].<ref name="Who's Who 2017" /> On 2 November 2012, she was installed as a [[Senator of the College of Justice]],<ref>"Notice". [http://www.scotcourts.gov.uk/rolls/supreme/lists/r121025_044.htm Daily Court List]. Court of Session. 25 October 2012. Retrieved 9 November 2012.</ref> taking the judicial title '''Lady Scott'''.<ref>{{cite web|url=http://www.scotland-judiciary.org.uk/Upload/Documents/JudgesDivisions_6_2.pdf|title=Inner House and Outer House Senators|publisher=Judiciary of Scotland|accessdate=9 November 2012|archive-date=4 March 2016|archive-url=https://web.archive.org/web/20160304053150/http://www.scotland-judiciary.org.uk/Upload/Documents/JudgesDivisions_6_2.pdf|url-status=dead}}</ref> |
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===Controversy=== |
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Scott provoked public anger in July 2013 when sentencing a man convicted of several incidences of [[rape]], as she appeared to praise him for having overcome his difficult background and succeeded at running a business. Her comment was viewed as inappropriate, with the Scottish Conservative [[Chief Whip]] [[John Lamont]] arguing that, "plenty of people have had tough lives ... but don’t rape anyone."<ref name=herbert>{{cite web | url=http://www.express.co.uk/news/uk/415579/Anger-as-rapist-is-praised-by-judge | title=Anger as rapist is praised by judge | last=Herbert | first=Dean | date=18 July 2013 | access-date=19 March 2017 |website=Daily Express}}</ref> |
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In March 2017, Scott granted a man who confessed to the [[rape]] of a [[Age of consent#Law|12-year-old child]] an [[Discharge (sentence)|absolute discharge]]. Although Scott acknowledged that [[Scots law|Scottish law]] dictates an individual under the age of 13 is considered incapable of giving consent in any circumstance, she stated that the victim was not distressed and that all eyewitnesses believed her to be over 16.<ref name=hma>{{cite web | url=http://www.scotland-judiciary.org.uk/8/1754/HMA-v-Daniel-Cieslak | title=HMA v Daniel Cieslak | date=17 March 2017 | access-date=19 March 2017 | publisher=Judiciary of Scotland | archive-date=20 March 2017 | archive-url=https://web.archive.org/web/20170320053525/http://www.scotland-judiciary.org.uk/8/1754/HMA-v-Daniel-Cieslak | url-status=dead }}</ref> [[Rape Crisis England and Wales]] critiqued Scott's ruling, saying that, as a 12-year-old has no legal capacity to consent, sexual activity with them is always illegal. Moreover, it is an adult's responsibility to ensure that their partner is capable of giving consent.<ref name=halliday>{{cite web | url=https://www.theguardian.com/uk-news/2017/mar/17/man-who-pleaded-guilty-of-raping-12-year-old-freed-by-glasgow-high-court | title=Man who pleaded guilty to raping 12-year-old freed by Glasgow high court | last=Halliday | first=Josh | website=The Guardian | date=17 March 2017 | access-date=19 March 2017 | quote=A 12-year-old child does not legally have the capacity to give their consent and sexual activity with them is always therefore a sexual offence. It's any adult’s legal and moral responsibility to actively seek and be sure they have received the other person’s consent for any and all sexual activity with them. This includes making sure that that person has the freedom and capacity to give their consent. For example, if someone is unsure as to whether the person they're with is too drunk to freely consent, they should not have sex with them.}}</ref> In a letter published after the trial, the victim claimed that she was unconscious at the time of the attack, further calling into question her ability to consent.<ref name=letter>{{cite web | url=http://www.dailyrecord.co.uk/news/scottish-news/i-tried-kill-myself-rape-10938530 | title='I tried to kill myself': Rape victim, 12, reveals torment after attacker walks free | last=Aitken | first=Mark | website=Daily Record | date=6 August 2017 | access-date=8 August 2017 | quote=It was said that I consented but how can someone consent when they can't even talk?}}</ref> |
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==Personal life== |
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Scott's partner is Frank Richard Crowe, a [[Sheriff court|sheriff]].<ref>{{cite web|title=CROWE, Frank Richard|url=http://www.ukwhoswho.com/view/article/oupww/whoswho/U43802|website=Who's Who 2017|accessdate=17 March 2017|date=November 2016}}</ref> Together they have one son.<ref name="Who's Who 2017" /> |
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==References== |
==References== |
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{{Senators of the College of Justice}} |
{{Senators of the College of Justice}} |
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{{authority control}} |
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{{DEFAULTSORT:Scott, Margaret}} |
{{DEFAULTSORT:Scott, Margaret}} |
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[[Category:1960 births]] |
[[Category:1960 births]] |
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[[Category:Living people]] |
[[Category:Living people]] |
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[[Category:Scottish |
[[Category:Scottish King's Counsel]] |
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[[Category:Pan Am Flight 103]] |
[[Category:Pan Am Flight 103]] |
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[[Category:Members of the Faculty of Advocates]] |
[[Category:Members of the Faculty of Advocates]] |
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[[Category:Scottish women judges]] |
[[Category:Scottish women judges]] |
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[[Category:Senators of the College of Justice|Scott]] |
[[Category:Senators of the College of Justice|Scott]] |
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[[Category: |
[[Category:21st-century King's Counsel]] |
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[[Category:Date of birth missing (living people)]] |
[[Category:Date of birth missing (living people)]] |
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[[Category:Alumni of the University of Edinburgh]] |
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[[Category:Alumni of the University of Strathclyde]] |
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[[Category:Scottish solicitors]] |
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Latest revision as of 23:26, 27 July 2024
Lady Scott | |
|---|---|
| Senator of the College of Justice | |
| Assumed office 2012 | |
| Nominated by | Alex Salmond As First Minister |
| Appointed by | Elizabeth II |
| Personal details | |
| Born | Margaret Elizabeth Scott 1960 (age 63–64) Nairobi, Kenia |
| Profession | Advocate |
| Website | Judiciary of Scotland |
Margaret Elizabeth Scott, Lady Scott (born 1960, Nairobi, Kenya) is a Scottish lawyer who was appointed a judge in 2012.
Early life and education
[edit]Scott was born in 1960 in Nairobi, Kenya.[1] She graduated from University of Edinburgh with a Bachelor of Laws (LLB) degree and from the University of Strathclyde with a Diploma in Legal Practice (DipLP).[2]
Legal career
[edit]Scott was admitted as a solicitor in 1989,[2] and she was called to the bar in Scotland (the Faculty of Advocates) in 1991.[3] She "took silk" (became a Queen's Counsel) in 2002.[4] She has acted as lead counsel in a number of high-profile appeal cases such as the Lockerbie bombing and the Glasgow Ice Cream Wars, in which she defended Abdelbaset al-Megrahi and Thomas "TC" Campbell, respectively. She was also successful in the appeal case of Kim Galbraith, whose murder conviction for shooting her policeman husband was reduced to diminished responsibility.
Megrahi's second appeal
[edit]On 6 November 2008, Scott applied to the Court of Criminal Appeal 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.[5] A week later, Megrahi's bail application was refused.[6] Megrahi was told he would remain in jail for the duration of his second appeal.[7]
Judicial career
[edit]From 2003 to 2012, Scott was a part-time sheriff.[2] On 2 November 2012, she was installed as a Senator of the College of Justice,[8] taking the judicial title Lady Scott.[9]
Controversy
[edit]Scott provoked public anger in July 2013 when sentencing a man convicted of several incidences of rape, as she appeared to praise him for having overcome his difficult background and succeeded at running a business. Her comment was viewed as inappropriate, with the Scottish Conservative Chief Whip John Lamont arguing that, "plenty of people have had tough lives ... but don’t rape anyone."[10]
In March 2017, Scott granted a man who confessed to the rape of a 12-year-old child an absolute discharge. Although Scott acknowledged that Scottish law dictates an individual under the age of 13 is considered incapable of giving consent in any circumstance, she stated that the victim was not distressed and that all eyewitnesses believed her to be over 16.[11] Rape Crisis England and Wales critiqued Scott's ruling, saying that, as a 12-year-old has no legal capacity to consent, sexual activity with them is always illegal. Moreover, it is an adult's responsibility to ensure that their partner is capable of giving consent.[12] In a letter published after the trial, the victim claimed that she was unconscious at the time of the attack, further calling into question her ability to consent.[13]
Personal life
[edit]Scott's partner is Frank Richard Crowe, a sheriff.[14] Together they have one son.[2]
References
[edit]- ^ "Scotland's Top 50 Influential Women of 2012". The Herald. Glasgow. Retrieved 27 September 2013.
- ^ a b c d "SCOTT, Hon. Lady". Who's Who 2017. Oxford University Press. November 2016. Retrieved 17 March 2017.
- ^ "Appointment of part-time sheriffs" (Press release). Scottish Executive. 2 May 2003. Retrieved 7 November 2008.
- ^ "Where gender is no Bar to success". The Scotsman. 16 September 2002. Retrieved 27 September 2013.
- ^ "Lockerbie bomber 'should go free'". BBC News. 6 November 2008. Retrieved 6 November 2008.
- ^ "Lockerbie bomber bail bid fails". BBC News. 14 November 2008. Retrieved 14 November 2008.
- ^ "Ruling Given on Bail Application for the Lockerbie Bomber". Retrieved 19 February 2009.
- ^ "Notice". Daily Court List. Court of Session. 25 October 2012. Retrieved 9 November 2012.
- ^ "Inner House and Outer House Senators" (PDF). Judiciary of Scotland. Archived from the original (PDF) on 4 March 2016. Retrieved 9 November 2012.
- ^ Herbert, Dean (18 July 2013). "Anger as rapist is praised by judge". Daily Express. Retrieved 19 March 2017.
- ^ "HMA v Daniel Cieslak". Judiciary of Scotland. 17 March 2017. Archived from the original on 20 March 2017. Retrieved 19 March 2017.
- ^ Halliday, Josh (17 March 2017). "Man who pleaded guilty to raping 12-year-old freed by Glasgow high court". The Guardian. Retrieved 19 March 2017.
A 12-year-old child does not legally have the capacity to give their consent and sexual activity with them is always therefore a sexual offence. It's any adult's legal and moral responsibility to actively seek and be sure they have received the other person's consent for any and all sexual activity with them. This includes making sure that that person has the freedom and capacity to give their consent. For example, if someone is unsure as to whether the person they're with is too drunk to freely consent, they should not have sex with them.
- ^ Aitken, Mark (6 August 2017). "'I tried to kill myself': Rape victim, 12, reveals torment after attacker walks free". Daily Record. Retrieved 8 August 2017.
It was said that I consented but how can someone consent when they can't even talk?
- ^ "CROWE, Frank Richard". Who's Who 2017. November 2016. Retrieved 17 March 2017.
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