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Fred Mackintosh QC Contact Details Tel (Clerk): 0131 260 5830 Fax (Clerk): 0131 225 5645 Address Terra Firma Chambers, Parliament House, Edinburgh, EH1 1RF DX 549302, Edinburgh 36; LP 3, Edinburgh 10 Fred Mackintosh QC specialises in criminal, extradition and public law. He regularly appears in complex cases before the High Court of Justiciary Appeal Court and the Sheriff Appeal Court in addition to a busy and varied public law practice. Biography Fred called to the bar in 2000 and took silk in 2019. He has a wealth of experience in criminal, extradition and public law. He appears in the most difficult and complex cases in the High Court of Judiciary, in particular the Criminal Appeal Court, where he is regularly instructed due to his well prepared and objective analysis of the issues before the court. Outside the Criminal Appeal Court Fred has a busy first instance extradition practice and is instructed in challenging appeals by Stated Case and Bill of Suspension before the Sheriff Appeal Court. Fred also has a wider public law practice. He has been instructed in respect of the constitutional status of the Lord Advocate, judicial review of extradition legislation, human trafficking, advice to public bodies around the impact of the criminal law on their staff, disciplinary matters involving students at Scottish Universities, aviation safety and animal welfare. He recently acted for the Cockburn Association in the planning inquiry in respect of the former Royal High School in Edinburgh. Fred studied Geography at the University of Edinburgh and then took the postgraduate LLB and Diploma in Legal Practice at Edinburgh. He trained as a solicitor at Dundas & Wilson CS in both Edinburgh and Glasgow. Alongside his practice from 2010 to 2017 Fred taught Criminal Practice and Procedure and advocacy at the Edinburgh University School of Law as a Senior Teaching Fellow and then course leader at the Centre for Professional Legal Studies. From 2013 to 2017 Fred was the Law Society of Scotland examiner for criminal and civil procedure and a member of the society's board of examiners. From 2013 to 2018 Fred was a Fee-Paid Judge of the First Tier Tribunal (Social Entitlement Chamber) hearing benefit appeals - mainly in Edinburgh. From 1999 to 2007 Fred served as a City of Edinburgh Councillor with a particular interest in transport and development planning, environmental protection, licensing and community safety. Appointments External Examiner for Criminal Litigation and Advanced Criminal Litigation at the University of Glasgow Diploma in Professional Legal Practice Memberships 1 of 3 www.terrafirmachambers.com Member of the Defence Extradition Lawyers' Forum Scottish Criminal Bar Association Publications A Reasonable and Literate Man in the World of Humpty Dumpty - Scottish Planning & Environmental Law 142, December 2010 Revolution In The Making: The Implications of the Taxation Powers in the Scotland Bill - Journal of the Law Society of Scotland, January 2011 Recent Articles and Events Being rude and offensive if not a crime, yet... Planning Fixed Penalties - A Get Out of Jail Free Card? Revolution in the Making A Reasonable and Literate Man in the World of Humpty Dumpty Recent Cases Andrew Brown v The Parole Board of Scotland [2021] CSIH 20 - Successful Inner House appeal against the refusal to grant permission for a judicial review of a decision by the Parole Board. The issues turned on the extent to which the Parole Board should apply the principle 'anxious scrutiny' to the question of whether to order the release of a life sentence prisoner who had served many years over his punishment part. Ferguson & others v HMA Advocate [2021] HCJAC 15 - Fred appeared for one of the six accused in a difficult conviction appeal relating to the manner in which the trial judge investigated allegations that before the end of the trial members of the jury had declared that they had already made up their minds. Craig v Her Majesty's Advocate [2020] HCJAC 22 - Appeal to the High Court of Justiciary from the decision of the Extradition Sheriff in respect of an extradition request by the Government of the United States of America. Now under appeal to the Supreme Court of the United Kingdom. KB v the Lord Advocate [2019] SC EDIN 45 - Successful defence of a Scottish resident subject to an extradition request by the Government of the United States of America. The requested person was discharged. Kovaliauskaite v Lord Advocate [2019] HCJAC 30 and Ivoskevicus v Lord Advocate [2019] HCJAC 29 - Extradition appeals in respect of prison conditions in Lithuanian remand prisons and Article 3 of the European Convention of Human Rights. Charyszyn v Lord Advocate [2019] SC EDIN 43 - Scottish European Arrest Warrant test case in respect of the effect of changes to the Polish Judical System and the right to a fair trial in Poland. Thomson v Advocate General [2018] CSOH 118 and Craig v Advocate General [2018] CSOH 117 - Judicial Review. The UK Government was found to have acted unlawfully by failing to commence new forum bar provisions in the Extradition Act 2003 into Scotland whilst doing so in the rest of the UK. No appeal by UK Government. Quyen Van Phan v HMA 2018 JC 195 - First reference of an EU law compatibility issue to the High Court of Justiciary. Involved application of EU Directive to Scots criminal law. Stewart v HMA 2018 JC 102 - Successful SCCRC reference to overturn plea of guilty on legal advice following UK Supreme Court decision on the interpretation of Section 3ZB of the Road Traffic Act 1988. McConachie v PF Aberdeen 2018 SLT (Sh Ct) 319 - Difficult appeal by Stated Case before the Sheriff Appeal Court as to application of the conjunctive test in breach of the peace. Its unsuccessful virtual pair being Burnett v Pf Hamilton 2017 SCL 259 in respect of repeated conduct and Section 38 of the 2010 Act. Stewart v HMA [2017] HCJAC 90 - Reference by Scottish Criminal Cases Review Commission in respect of the offence of causing death whilst disqualified from driving contrary to Section 3ZB of the Road Traffic Act 1988 following the decision of the UK Supreme Court in R v Hughes [2013] UKSC 56. Stewart v HMA 2017 HCJAC 86 - How an appeal court should handle an appeal where the sentencing 2 of 3 Sheriff has failed to give the defence the opportunity to substantiate an aspect of the plea in mitigation that the Sheriff finds hard to accept Ross v LA 2016 SC 502 - Application of Article 8 of the European Convention of Human Rights and the principle of legality to the guidance issued by the Lord Advocate in respect of assited suicide and "the right to die" Aien v PF Livingston [2016] SAC (Crim) 18 - successful appeal against conviction by Stated Case before the Sheriff Appeal Court. Hannon v HMA [2015] HCJAC 65 - The cumulative effect of a series of long custodial sentences on a young man in respect of offences committed when he was 16 years old. Paterson v Harvie [2014] HCJAC 87; 2014 S.L.T. 857; 2014 S.C.L. 606; 2014 S.C.C.R. 521 - Five judge bench hearing on the question of whether a actual person requires to suffer fear and alarm before an offence is committed under Section 38(1) of the Criminal Justice & Licencing (Scotland) Act 2010. Lin & others v HMA [2012] HCJAC 151, reported at 2014 S.C.C.R. 109 - It is competent to oppose Full Committal by a Sheriff on the grounds that there is no prima facie case against the accused. George v HMA [2011] HCJAC 88 - Can delay by the High Court in producing its opinion in a conviction appeal amount to a Breach of the Article 6 rights of the appellant? 3 of 3 www.terrafirmachambers.com.
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