James Brian Edward Hutton, Baron Hutton,
PC QC (29 June 1932 – 14 July 2020) was a British
Lord Chief Justice of Northern Ireland
The Lord Chief Justice of Northern Ireland is a judge who is the appointed official holding office as President of the Courts of Northern Ireland and is head of the Judiciary of Northern Ireland. The present Lord Chief Justice of Northern Irela ...
and
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
.
Background
Hutton was born in
Belfast
Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdo ...
in 1932, the son of a railways executive. He won a scholarship to
Shrewsbury School
Shrewsbury School is a public school (English independent boarding school for pupils aged 13 –18) in Shrewsbury.
Founded in 1552 by Edward VI by Royal Charter, it was originally a boarding school for boys; girls have been admitted into the ...
and
Balliol College, Oxford
Balliol College () is one of the constituent colleges of the University of Oxford in England. One of Oxford's oldest colleges, it was founded around 1263 by John I de Balliol, a landowner from Barnard Castle in County Durham, who provided the f ...
(BA jurisprudence, 1953) before returning to Belfast to become a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
(after study at
Queen's University Belfast
, mottoeng = For so much, what shall we give back?
, top_free_label =
, top_free =
, top_free_label1 =
, top_free1 =
, top_free_label2 =
, top_free2 =
, established =
, closed =
, type = Public research university
, parent = ...
), being called to the
Bar of Northern Ireland
The Bar of Northern Ireland is the professional association of barristers for Northern Ireland, with over 600 members. It is based in the Bar Library, beside the Royal Courts of Justice in Belfast, together with the Bar Council of Northern Irel ...
in 1954. He began working as junior counsel to the
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
for Northern Ireland in 1969.
He became a
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
in 1970. From 1979 to 1989, he was (as Sir Brian Hutton) a
High Court judge. In 1989, he became
Lord Chief Justice of Northern Ireland
The Lord Chief Justice of Northern Ireland is a judge who is the appointed official holding office as President of the Courts of Northern Ireland and is head of the Judiciary of Northern Ireland. The present Lord Chief Justice of Northern Irela ...
, becoming a member of the
Privy Council
A privy council is a body that advises the head of state of a state, 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 mon ...
of Northern Ireland, before moving to
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
to become a
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
6 January 1997. He was consequently granted a
life peerage
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages Ac ...
as Baron Hutton, of Bresagh in the
County of Down.
Judge
On 30 March 1994, as Lord Chief Justice of Northern Ireland, he dismissed Private
Lee Clegg
Sergeant Lee Clegg (born c. 1969) is a British Army soldier who was convicted of murder for his involvement in the shooting dead of one teenage joyrider in West Belfast, Northern Ireland. His conviction was later overturned.
Shooting
The shooti ...
's appeal against his controversial murder conviction. On 21 March 2002 Lord Hutton was one of four Law Lords to reject
David Shayler
David Shayler (; born 24 December 1965) is a former British MI5 officer and a conspiracy theorist. Shayler was prosecuted under the Official Secrets Act 1989 for passing secret documents to ''The Mail on Sunday'' in August 1997 that alleged tha ...
's application to use a "public interest" defence as defined in section 1 of the
Official Secrets Act 1989
The Official Secrets Act 1989 (c. 6) is an Act of the Parliament of the United Kingdom that repeals and replaces section 2 of the Official Secrets Act 1911, thereby removing the public interest defence created by that section.
Lord Bingham s ...
at his trial.
Lord Hutton represented the
Ministry of Defence
{{unsourced, date=February 2021
A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in states ...
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
The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...
of murder, as this contradicted the findings of the
Widgery Tribunal
John Passmore Widgery, Baron Widgery, (24 July 1911 – 26 July 1981) was an English judge who served as Lord Chief Justice of England and Wales from 1971 to 1980. He is principally noted for presiding over the Widgery Tribunal on the events o ...
.
Hutton also came to public attention in 1999 during the extradition proceedings of former Chilean dictator Gen.
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte (, , , ; 25 November 1915 – 10 December 2006) was a Chilean general who ruled Chile from 1973 to 1990, first as the leader of the Military Junta of Chile from 1973 to 1981, being declared President of ...
. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five
Law Lords
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
, 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
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009.
Well known for his lively decisions and willingness to break w ...
, one of the five Law Lords, had links to
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
group
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
which had campaigned for Pinochet's extradition.
In 1978, he defended the UK at the European Court of Human Rights in the case of
Ireland v United Kingdom, when the court decided that the interrogation techniques used were "inhuman and degrading" and breached the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
, but did not amount to "torture". The court also found that the practice of
internment in Northern Ireland had not breached the Convention. 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
Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
's government to chair
the inquiry
The Inquiry was a study group established in September 1917 by Woodrow Wilson to prepare materials for the peace negotiations following World War I. The group, composed of around 150 academics, was directed by the presidential adviser Edward Hou ...
on the circumstances surrounding the death of scientist
David Kelly. The inquiry commenced on 11 August 2003. Many observers were surprised when he delivered his report on 28 January 2004 and cleared the British Government in large part. His criticism of the
BBC #REDIRECT BBC #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
; one critic commented that he had given the "benefit of judgement to virtually everyone in the government and no-one in the BBC.". In response to the verdict, the front page of ''
, 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
era."
Lord Hutton retired as a Law Lord on 11 January 2004. He remained a member of the House of Lords until retiring under the
on 23 April 2018.
He died on 14 July 2020 at the age of 88.
* Mr James Brian Edward Hutton (1932–1969)
* Mr James Brian Edward Hutton, QC (1970–1978)
* Sir James Brian Edward Hutton (1979–1989)
* The Rt. Hon. Sir James Brian Edward Hutton (1989–1997)
* The Rt. Hon. Lord Hutton, PC (1997–2020)