Shelagh McCall KC – Black Chambers

Shelagh M McCall KC

Year of Call: 2000

Year of Silk: 2015

Throughout her career at the Bar, Shelagh has been instructed in some of the most complex and high profile cases in Scotland. As a junior, she acted in many such trials and appeals including the “Worlds End” murders, the “Ice Cream Wars” appeal, Galbraith v HMA, and the first SCCRC reference of Abdel Baset Al-Megrahi’s conviction for the Lockerbie bombing.

As senior counsel Shelagh has developed extensive experience in public inquiries and FAIs, including the Sheku Bayoh Inquiry, the Scottish Covid Inquiry, the Scottish Child Abuse Inquiry, the “M9” FAI, and the “Clutha” FAI.

In the criminal courts, her practice covers a wide range of offences but focusses on homicide, serious and organised crime, human trafficking and exploitation, and bribery.

Shelagh has significant experience in professional disciplinary proceedings, including the Judicial Fitness Tribunal, Police Conduct hearings, ICAS, GTC and others. She is a member of the Faculty of Advocates’ Disciplinary Rules Panel of Prosecuting Counsel.

She maintains an extensive chambers (opinion) practice, providing strategic or specific advice to NGOs, public authorities and to individuals.

Shelagh is one of the few practising senior counsel in Scotland with litigation experience in international criminal law and international humanitarian law, having worked as prosecution appeals counsel at senior level at the International Criminal Tribunal for the Former Yugoslavia (ICTY) in the Hague.

She has a recognised specialism in human rights, having conducted many cases involving ECHR issues in both criminal and civil courts. She was a founding commissioner at the Scottish Human Rights Commission and has extensive experience of policy work around human rights and criminal justice.

Shelagh graduated from the University of Edinburgh with LLB (Hons) and Dip LP. She has an LLM (research) from Strathclyde University Law School.

Before coming to the Bar, she practised for a number of years as a criminal defence solicitor.

Areas of Practice

Criminal Trials covering the full spectrum of criminal offences tried in both the Sheriff Court and the High Court of Justiciary
Post conviction proceedings including Proceeds of Crime and Criminal Appeals
Extradition
FAI’s and Public Inquiries
International Criminal Law / International Humanitarian Law
Professional Disciplinary Proceedings
Human Rights
Judicial Review
Road Traffic Violations
Wildlife Crime
Mental Health Law

Publications

Contributor: “Restorative Approaches to Conflict in Schools: Inter-disciplinary perspectives on managing relationships in the classroom”; eds. Cremin, McCluskey, Sellman, 2013
Contributor: “Thinking Differently: Making a Difference Using Mediation”; Core Solutions, 2011

Appointments & Memberships

Part-time Sheriff, 2009-present
Legal member, Mental Health Tribunal for Scotland, 2013-2023
Commissioner, Scottish Human Rights Commission, 2008-2015
Appeals Counsel, International Criminal Tribunal for the Former Yugoslavia, 2006-2008
Council Member, JUSTICE UK, 2016-present
Convenor, Faculty of Advocates Human Rights and Rule of Law Committee, 2016-present
Faculty of Advocates Disciplinary Rules: panel of prosecuting counsel, 2020-present
Misogyny and Criminal Justice Working Group member, 2021-2022
First Minister’s Advisory Group on Human Rights Leadership, 2018
Independent Review of Hate Crime Legislation, advisory group member, 2017-2018
Post-Corroboration Safeguards Review, Expert Reference Group member 2014-2015
Carloway Review of Criminal Law and Practice, Expert Reference Group member, 2010-2011

Testimonials

“Shelagh McCall KC is always top of our list when it comes to the instruction of senior counsel. She possesses the rare combination of being thoroughly prepared, having exceptional advocacy skills, excellent solicitor/counsel relations and is always very good with clients.”

“She is able to distil complicated legal matters to meet client needs, and maintains both a professional and humane approach.”

“So far as I am concerned, and I am not alone, she is the first choice in all complex and difficult cases.”

“Quite apart from her obvious legal skills she has a compassionate and engaging manner with clients who often meet her in difficult and challenging situations. Although her workload is immense and demanding, when you have her in a case you have her full attention.”

“Shelagh McCall KC is undoubtedly one of the finest legal practitioners in Scotland. She combines a fierce intellect with a calming personality, a brilliant forensic mind and an excellent strategic approach to every case.”

“She brings confidence to both clients and to solicitors. She is both reliable and trustworthy and I have specifically chosen her to act in some of the most complex and/or high profile cases with huge amounts at stake for clients. She has excelled in both her service and performance in every case I have instructed her.”

Selected Cases

Perreault & Syed v HMA [2018] HCJAC 25: right to independent testing, Air Safety

FAI into the deaths of Gary Louis Arthur & 9 [2019] FAI 46: representing next of kin of pilot in relation to police helicopter crash into the Clutha Bar, Glasgow

HMA v Alexander Salmond [2020]: defence of the former First Minister on sexual offence charges

Miller & Miller v HMA [2021] HCJAC 30: appeal concerning misdirection on concert in stalking case

Valerie Hayes & Others v The Lord Advocate on behalf of the United States of America [2022] HCJAC6/ [2021] SC Edin 50: extradition case concerning compatibility with Article 3 ECHR of US system of mandatory life sentences without parole

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