Senior Counsel
Year of Silk: 2015
Year of Call: 2000
Areas of practice
- Assault
- Childrens' Referrals
- Criminal Appeals
- Criminal Trials
- Drugs
- Employment Law & Professional Disciplinary Proceedings
- Extradition
- Fatal Accident Inquiries
- Firearms
- Fraud
- Health and Safety
- Human Rights and Devolution Issues
- Murder
- Proceeds of Crime
- Road Traffic Violations
- Sexual Offences
- Terrorism
- Wildlife Crime
- Constitutional Law
- Data Protection
- Defamation
- Humanitarian Law
- International Criminal Law
- Licensing
- Mediation
- Parole Board Hearings
View Shelagh McCall KC's CV
Shelagh McCall KC
Shelagh brings extensive experience of trials and appeals. She has appeared in many high-profile, sensitive and complex cases – as leader, alone, and as junior. She is known for being innovative in developing legal argument in challenging cases. In court, she is calm and considered – an approach which finds favour with judges, witnesses and juries alike. Her ability to write clearly and persuasively has been demonstrated in submissions to the Judicial Committee of the Privy Council, the ICTY Appeals Chamber, and in civil statutory appeals.
Selected Cases
International Criminal Cases:
Prosecutor v Momčilo Krajišnik IT-00-39-A: Appeal by former President of Bosnian Serb Assembly, Crimes against Humanity, Joint Criminal Enterprise (ethnic cleansing of Bosnia 1992) (joint senior counsel)
Prosecutor v Stanislav Galić IT-98-29-A: Appeal: Crime of Terror, Crimes against Humanity, War Crimes, Fair Trial (siege of Sarajevo)
Prosecutor v Limaj, Bala & Musliu IT-03-66-A: Appeal: Joint Criminal Enterprise, Identification, Alibi (Kosovo Liberation Army prison camp case)
Prosecutor v Hadžihasanović & Kubura IT-01-47-A: Appeal: Superior Responsibility for Crimes against Humanity and War Crimes (plunder and cruel treatment) (joint senior counsel)
Scottish Cases:
HMA v Angus Sinclair [2014] HCJAC 130: first application under the Double Jeopardy (Scotland) Act 2011, in connection with Worlds End murders
Epic Group (Scotland) Ltd v PF Aberdeen [2014] HCJAC 20 – successful appeal re application of due diligence defence.
Rehman & Ishaq v HMA [2014] HCJAC 472 – (as senior) appeal against murder conviction – adoption of statements and concert
Ferguson et al v HMA [2014] HCJAC 19 – (as senior) appeal court guidelines case re Orders for Lifelong Restriction
Robert Dempster senior & Ors v Security Industry Authority B831/09, 19 September 2013, Sh Principal Kerr: Application of A6 to public law regime under Private Security Industry Act, successful appeal against revocation of licences
Mark Chamberlain-Davidson v HMA [2013] HCJAC 54: Violation of A6 right to legal assistance, conviction quashed
Mark Chamberlain-Davidson v HMA [2012] HCJAC 120: Power of High Court to reject a reference from SCCRC, standard to be applied, application of A6
Miller v Smith [2012] HCJAC 166: Wildlife Crime, admissibility of interview by wildlife inspector
Dundee Cold Stores Limited v HMA [2012] HCJAC 102: Appeal relating to violation of Health and Safety at Work Act, appropriate use of guidelines, sentence reduced
Gifford & Glass v HMA [2011] HCJAC 101: Appeal relating to application of A10 to direct action protests
John McDonald v HMA [2010] HCJAC 45: Appeal against conviction for murder
Megrahi v HMA: Appeal against conviction for the Lockerbie bombing (SCCRC ref)
HMA v Fleming 2005 SCCR 324: Appeal re first instance decision to desert trial simpliciter based on violation of ECHR
Holland v HMA 2005 PC 3: Dock identification and disclosure; conviction quashed
Campbell & Steele v HMA 2004 SCCR 220: “ice cream wars” case, fresh evidence (SCCRC ref); conviction quashed
Hugh King v PF Paisley, 29 June 2004, XJI968/03: Appeal re competence and relevance, Public Bodies Corrupt Practices Act 1889
Galbraith v HMA 2002 JC 1: Definition of diminished responsibility; conviction quashed