Andrew Hardie, Baron Hardie
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Andrew Rutherford Hardie, Baron Hardie, (born 8 January 1946) is a former
Senator of the College of Justice The senators of the College of Justice in Scotland are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court ...
, a judge of the
Supreme Courts of Scotland The College of Justice () includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, ...
, and a former
Lord Advocate His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish P ...
, the country's senior
Law Officer The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Ad ...
. He led the prosecution team in the preparation of the original Lockerbie bombing trial, but resigned as Lord Advocate shortly before the trial commenced in 2000.


Early life

Born in
Alloa Alloa (Received Pronunciation ; Scottish pronunciation /ˈaloʊa/; , possibly meaning "rock plain") is a town in Clackmannanshire in the Central Lowlands of Scotland. It is on the north bank of the Forth at the spot where some say it ceases to ...
, Hardie was educated at
St Modan's High School St Modan's Roman Catholic High School is an S1-S6 Catholic high school in Stirling, Scotland. History In September 1933, St Modan's High School was officially opened by Archbishop McDonald of St Andrew's and Edinburgh. It was located in Barnsda ...
,
Stirling Stirling (; ; ) is a City status in the United Kingdom, city in Central Belt, central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town#Scotland, market town, surrounded by rich farmland, grew up connecting the roya ...
and at the
University of Edinburgh The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under th ...
( M.A.,
LL.B. A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
). He was admitted as a solicitor in 1971 and to the
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. The Faculty of Advocates is a const ...
in 1973. He served as an Advocate Depute from 1979 to 1983, and was appointed
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
in 1985. He was Treasurer of the Faculty of Advocates from 1989 until he was elected Dean of the Faculty from 1994 to 1997. From 1991 to 1994 he sat as a part-time Chairman of the Medical Appeals Tribunal.


Lord Advocate

Following Labour's 1997 election victory, Hardie was appointed
Lord Advocate His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish P ...
, and created a
life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...
, as Baron Hardie, of Blackford in the City of Edinburgh, and appointed to the Privy Council. As well as serving as the country's top prosecutor, he played an active role in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
, including acting as a Government spokesman during the passage of the
Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
. Under the terms of this Act, the Lord Advocate became a member of the new
Scottish Executive The Scottish Government (, ) is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in t ...
, with his duties to the
UK Government His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.
passing to the newly created office of
Advocate General for Scotland His Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the The Crown, Crown and His Majesty's Government on Scots law. The Office of the Advocate General for Scotland is a Departments o ...
. The first
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
was elected in 1999, at which time Hardie became a member of the Scottish Executive.


Lockerbie trial

On Wednesday 21 December 1988,
Pan Am Flight 103 Pan Am Flight 103 (PA103/PAA103) was a regularly scheduled Pan Am transatlantic flight from Frankfurt to Detroit via a stopover in London and another in New York City. Shortly after 19:00 on 21 December 1988, the Boeing 747 "Clipper Maid of th ...
from London to New York was blown up over the Scottish town of
Lockerbie Lockerbie (, ) is a town in Dumfries and Galloway, located in south-western Scotland. The 2001 Census recorded its population as 4,009. The town had an estimated population of in . The town came to international attention in December 1988 when ...
, killing two hundred and seventy people. In 1991, two Libyan men were indicted for the bombing, but their trial did not begin until May 2000. The trial itself was held in a special sitting of the
High Court of Justiciary The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff C ...
, sitting as the
Scottish Court in the Netherlands The Scottish court in the Netherlands was a special sitting of the High Court of Justiciary set up under Scots law in a former United States Air Force base, Camp Zeist near Utrecht, in the Netherlands, for the trial of two Libyans charged wit ...
, at Camp Zeist, a former US Air Force base in
Utrecht Utrecht ( ; ; ) is the List of cities in the Netherlands by province, fourth-largest city of the Netherlands, as well as the capital and the most populous city of the Provinces of the Netherlands, province of Utrecht (province), Utrecht. The ...
,
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
. Hardie took over as Lord Advocate shortly before arrangements for the trial were agreed, and it was intended he would lead the prosecution team, however he resigned as Lord Advocate in March 2000, two months before the trial was scheduled to begin, and was forced to defend himself against accusations of having 'abandoned' the victims' families. He was succeeded as Lord Advocate by the
Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
, Colin Boyd.


The Bench

Lord Hardie was appointed a Judge of the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
and
High Court of Justiciary The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff C ...
in March 2000. In 2008, a review of judicial performance named him as "''Scotland's worst judge''". The figures showed that eighty-four sentences imposed by Hardie had been overturned on appeal, all having been reduced, while two convictions were overturned, although both these convictions arose from the one case, in which it was found Hardie had misdirected the jury on a point of law. Hardie was appointed to the
Inner House The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is th ...
of the Court of Session in 2010 and retired on 31 December 2012.


The Tram Inquiry

Lord Hardie was appointed as chair of The Tram Inquiry. Lord Hardie's probe has now lasted longer than the
Chilcot inquiry The Iraq Inquiry (also referred to as the Chilcot Inquiry after its chairman, Sir John Chilcot)


Arms


See also

*
List of Senators of the College of Justice The senators of the College of Justice in Scotland are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court ...
* List of Scottish Executive Ministerial Teams *
List of Life Peerages {{UK Peerages, barn More than 1,600 life peerages have been created in the Peerage of the United Kingdom under the Life Peerages Act 1958. * List of life peerages (1958–1979) **Created under the premierships of Harold Macmillan, Sir Alec Dou ...


References

{{DEFAULTSORT:Hardie, Andrew Baron Hardie 1946 births Living people People from Alloa Nobility from Clackmannanshire People educated at St Modan's High School Alumni of the University of Edinburgh Crossbench life peers Lord advocates Members of the Privy Council of the United Kingdom Deans of the Faculty of Advocates Hardie Life peers created by Elizabeth II