Lord Wheatley | |
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Senator of the College of Justice | |
In office 2000–2011 | |
Personal details | |
Born | John Francis Wheatley 9 May 1941 |
Spouse | Brownwen Fraser |
Residence | Kinross-shire |
Alma mater | University of Edinburgh |
Profession | Advocate |
John Francis Wheatley, Lord Wheatley, PC (born 9 May 1941) [1] is a Scottish lawyer and retired Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session. He is an authority on road traffic law. His father, John Wheatley, Baron Wheatley, was Lord Justice Clerk between 1972 and 1985, the second-most senior judge in Scotland.
Wheatley was born the son of John Thomas Wheatley and Agnes Nichol. His father, a distinguished lawyer, had served as Solicitor General and Lord Advocate, before being appointed a judge and rising to the rank of Lord Justice Clerk, the second-most senior judge in Scotland. The young Wheatley was educated at his father's former school, Mount St Mary's College, an independent Jesuit boarding school in Derbyshire, and studied at the School of Law of the University of Edinburgh. [2] [3]
Wheatley was admitted to the Faculty of Advocates in 1966, and appointed Standing Counsel to the Scottish Development Department in 1971, and Advocate Depute in 1975. He was appointed a Sheriff of Tayside, Central and Fife in 1979, serving at Dunfermline from 1979 to 1980, and at Perth from 1980 to 2000. In 1998 he was promoted Sheriff Principal of Tayside, Central and Fife. He was appointed a Temporary High Court Judge in 1992 and took silk in 1993. [2] [3]
In 2000, Wheatley was appointed a Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session, Scotland's Supreme Courts, taking the judicial title, Lord Wheatley. From 2002 to 2006, he was Chairman of the Judicial Studies Committee, the body responsible for the training of judges. [2] He was promoted to the Inner House of the Court of Session, and to the Privy Council, in 2007. [3]
In the 2021 mini-series A Very British Scandal , Wheatley was played by Jonathan Aris. [4]
Lord Wheatley married Bronwen Fraser in 1970, with whom he has two sons. He stood as the Labour Party candidate in Dumfries in the February and October 1974 general elections. His recreations include gardening and music, and he is the founder, and current President, of the Faculty of Advocates' football team, Faculty Phantoms FC. [2] He lives in Fossoway, Kinross-shire.
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. The court was established in 1532 by an Act of the Parliament of Scotland, and was initially presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council. As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016.
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 Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
A sheriff court is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.
Alan Ferguson Rodger, Baron Rodger of Earlsferry was a Scottish academic, lawyer, and Justice of the Supreme Court of the United Kingdom.
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 ; Lords Commissioners of Justiciary ; and the Chairman of the Scottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the term Senator is almost exclusively used in referring to the judges of these courts.
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The College of Justice includes the Supreme Courts of Scotland, and its associated bodies.
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 the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled Senators of the College of Justice or Lords of Council and Session. Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.
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The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.
Lord Wheatley, a former Senator of the College of Justice in Scotland, 72