Education & Professional Qualifications

QC 2007
Advocate 1992
DipLP, 1986-1987, Edinburgh University
BCL (First Class) 1984-1986, Balliol College, Oxford University
LLB (Hons, First Class; Lord President Cooper Memorial Prizewinner), 1980-1984, Edinburgh University

Courts & Tribunal Experience

Supreme Court of the United Kingdom; Judicial Committee of the Privy Council; House of Lords; Criminal Appeal Court; Inner House of the Court of Session; High Court of Justiciary; Outer House of the Court of Session; European Court of Human Rights; Sheriff Court; Arbitrations. 

Cases

Cadder v H.M. Advocate [2010] UKSC 43 and McLean v H.M. Advocate2010 SLT 73

These cases concerned the impact of the decision of the European Court of Human Rights in Salduz v Turkey (which was concerned with access to legal advice before a police interview) on Scottish criminal practice. James Wolffe QC appeared for the Crown before the Full Bench of the High Court of Justiciary in Maclean, which held that Scottish practice was not inconsistent with Article 6. He also appeared with Lord Advocate in the UK Supreme Court in Cadder, which over-ruled Maclean.

Martin v H.M. Advocate [2010] UKSC 10

This was the first case in which the United Kingdom Supreme Court had an opportunity to consider the impact on the legislative powers of the Scottish Parliament of the reservation in the Scotland Act 1998 of certain matters to Westminster. The specific question at issue was whether the alteration in the sentencing powers of the sheriff sitting as a court of summary jurisdiction effected by section 45 of the Criminal Proceedings etc (Reform) (Scotland) Act 2007 could lawfully be applied to a road traffic offence, given that the subject matter of the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 are reserved to Westminster. James Wolffe QC appeared as advocate depute for the Crown.

SK v Paterson 2010 SC 186

The issues in this case were: (a) whether or not the absence of any provision whereby a parent appearing before a children's hearing could receive state-funded legal assistance was compatible with Convention rights ; and (b) the appropriate forum for making findings as to whether or not there had in fact been a breach of Convention rights in the particular case. James Wolffe QC represented the Lord Advocate.

George Burns v H.M. Advocate [2009] 1 AC 720

The issue in this appeal to the Judicial Committee of the Privy Council was whether or not there had been a breach of Article 6 of the European Convention on Human Rights, by reason of the passage of time. The key issue was whether or not actions taken by English police officers in England and Wales fell to be characterised as the "charge" from which time started to run in respect of criminal proceedings subsequently brought in Scotland. James Wolffe QC appeared as advocate depute for the Crown.