Ken McDonald
Encyclopedia
Kenneth Donald John Macdonald, Baron Macdonald of River Glaven, QC
(born 4 January 1953) was Director of Public Prosecutions
(DPP) of England and Wales
(2003–2008). In that office he was ex officio head of the Crown Prosecution Service
. He was previously a recorder
(part-time judge) and defence barrister
.
, he attended Bishop Wordsworth's School
in Salisbury
, Wiltshire
. He read PPE at St Edmund Hall, Oxford
from 1971 to 1974. During his time at Oxford he was convicted of supplying cannabis
after sending 0.1 g of the drug through the post. He pleaded guilty, and was fined £75.
of barrister Helena Kennedy, was called to the Bar by the Inner Temple
in July 1978 and became a Queen's Counsel
in 1997. As a junior barrister he defended a number of terrorist suspects (both Provisional IRA and those from the Middle East
), fraudsters and major drug dealers, he was also on the defence team for the Matrix Churchill trial. In the late 1990s, he was a co-founder of Matrix Chambers
(a set of barristers' chambers
specialising in human rights cases) with Cherie Booth and Tim Owen
QC. In 2001 he became a recorder
(a part time judge) in the Crown Court
.
as DPP in October of that year. The appointment was immediately denounced by Opposition
spokesmen as "rampant cronyism" and a "provocative appointment" due to Macdonald's business relationship with Cherie Booth (wife of then Prime Minister Tony Blair
) and his lack of prosecution experience. Government officials, including both the Attorney General
and Solicitor General
defended the appointment as it had been made by an independent board consisting of First Civil Service Commissioner
Baroness Prashar; Sir Hayden Phillips, Permanent Secretary
at the Department for Constitutional Affairs
; Sir David Omand
, Permanent Secretary, Cabinet Office
; and Sir Robin Auld
, Lord Justice of Appeal
. A few days after the announcement the press uncovered details of his earlier conviction, sparking fresh controversy. Macdonald also clashed with then Home Secretary
, David Blunkett
over the latter's plans for longer prison sentences, describing their likely effect as 'grotesque'. This provoked further press coverage. Not all coverage was so negative, with a fellow lawyer, David Pannick
QC, writing in The Times
defending Macdonald's appointment, and attacking the tabloid campaign against him; Macdonald's predecessor also dismissed the relevance of the drugs offence; and a report in The Independent
also found support for the appointment from within the legal system.
As DPP, Macdonald established the Counter Terrorism Division, the Organised Crime Division, the Special Crime Division and the Fraud Prosecution Service. In office, he often took positions which were critical of the government. For example, he opposed ministers' rhetoric around the "War on Terror", preferring to see terrorist attacks in the UK as law enforcement issues. He was prominent in criticising government attempts to extend pre-charge detention to 42 days, arguing that due process protections should not be undermined and that the reform was unnecessary. Near the end of his term, leaders in The Guardian
and The Times
were strongly supportive of his record in office. In his last month in office he warned against excessive use of surveillance
powers being introduced by the government, saying: "We should be careful to imagine the world we are creating before we build it. We might end up living with something we cannot bear."
He was awarded a knighthood
in the 2007 New Year Honours
.
and becoming a regular contributor to The Times
, where he writes on law, security and politics. In 2009, he was appointed a Visiting Professor of Law at the London School of Economics
. In 2010, he became a Deputy High Court Judge and a member of the Advisory Board of the Centre for Criminology at the University of Oxford
.
On 14 December 2009, Macdonald wrote an article in The Times
about the Chilcot Inquiry
into the 2003 Iraq War. This article was more critical than anything that has been said so far by any of the senior civil servants who worked in Whitehall when Blair was prime minister. It is also notable because Macdonald works at Matrix Chambers
alongside Cherie Blair
. Macdonald describes Blair's "sycophancy towards power" and wrote that "since those sorry days we have frequently heard [Blair] repeating the self-regarding mantra that 'hand on heart, I only did what I thought was right'. But this is a narcissist's defence, and self-belief is no answer to misjudgment: it is certainly no answer to death."
On 28 May 2010, Downing Street
announced that Macdonald would be made a Liberal Democrat life peer
in the 2010 Dissolution Honours List, which was gazetted
on 15 June. The Letters Patent
were gazetted on 15 July, dated 12 July granting him the title of Baron Macdonald of River Glaven, of Cley-next-the-Sea in the county of Norfolk.
On 13 July 2010, Theresa May
, the Home Secretary
, announced to Parliament that she had invited Macdonald to oversee a government review of counter terrorism and security powers, to ensure that legislative measures in place were proportionate and consistent with the rule of law.
In October 2010, as part of Turkey's accession negotiations to the European Union, and on the recommendation of the Council of Europe
, the European Commission
invited Macdonald to lead an EU mission to Turkey to asses that country's commitment to free expression and a free press.
In January 2011, it was announced that Macdonald was to succeed the late Lord Bingham of Cornhill as the Chair of Reprieve, the leading international anti-death penalty and prisoners' rights organisation.
In April 2011, he joined the Council of the Institute of Contemporary Arts, London.
In November 2011, he was elected an Honorary Fellow of St Edmund Hall, Oxford.
On June 1, 2011, Wadham College, Oxford
announced that the Fellows intended to elect Macdonald to succeed Sir Neil Chalmers as Warden of the College upon the latter's retirement in 2012.
. They have two sons and a daughter and a granddaughter.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(born 4 January 1953) was Director of Public Prosecutions
Director of Public Prosecutions (England and Wales)
The Director of Public Prosecutions of England and Wales is a senior prosecutor, appointed by the Attorney General. First created in 1879, the office was unified with that of the Treasury Solicitor less than a decade later before again becoming independent in 1908...
(DPP) of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
(2003–2008). In that office he was ex officio head of the Crown Prosecution Service
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
. He was previously a recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
(part-time judge) and defence barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
.
Early life
Born on 4 January 1953 in WindsorWindsor, Berkshire
Windsor is an affluent suburban town and unparished area in the Royal Borough of Windsor and Maidenhead in Berkshire, England. It is widely known as the site of Windsor Castle, one of the official residences of the British Royal Family....
, he attended Bishop Wordsworth's School
Bishop Wordsworth's School
Bishop Wordsworth's School is a Church of England boys' day grammar school located in Salisbury, England. In 2010, there were 748 pupils aged between 11 and 18. The school is regularly amongst the top-performing schools in England, and in 2011 was the top school performer for the English...
in Salisbury
Salisbury
Salisbury is a cathedral city in Wiltshire, England and the only city in the county. It is the second largest settlement in the county...
, Wiltshire
Wiltshire
Wiltshire is a ceremonial county in South West England. It is landlocked and borders the counties of Dorset, Somerset, Hampshire, Gloucestershire, Oxfordshire and Berkshire. It contains the unitary authority of Swindon and covers...
. He read PPE at St Edmund Hall, Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
from 1971 to 1974. During his time at Oxford he was convicted of supplying cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
after sending 0.1 g of the drug through the post. He pleaded guilty, and was fined £75.
Career
He became the first pupilPupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...
of barrister Helena Kennedy, was called to the Bar by the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in July 1978 and became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1997. As a junior barrister he defended a number of terrorist suspects (both Provisional IRA and those from the Middle East
Middle East
The Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...
), fraudsters and major drug dealers, he was also on the defence team for the Matrix Churchill trial. In the late 1990s, he was a co-founder of Matrix Chambers
Matrix Chambers
Matrix Chambers is a barristers’ set situated at Gray’s Inn, London. It was founded in April 2000 by 22 barristers from 7 different chambers.Matrix was founded shortly before the implementation of the Human Rights Act in October 2000...
(a set of barristers' chambers
Chambers (law)
A judge's chambers, often just called his or her chambers, is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard.- United Kingdom and Commonwealth :...
specialising in human rights cases) with Cherie Booth and Tim Owen
Tim Owen
Timothy Francis "Tim" Owen AM MSS MP, is an Australian politician and a former deputy commander of the Australian forces. He is a member of the New South Wales Legislative Assembly representing the electoral district of Newcastle for the Liberal Party of Australia since the 2011 New South Wales...
QC. In 2001 he became a recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
(a part time judge) in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
.
Director of Public Prosecutions
In August 2003 it was announced that Macdonald would succeed Sir David Calvert-SmithDavid Calvert-Smith
Sir David Calvert-Smith , styled The Hon. Mr Justice Calvert-Smith, was Director of Public Prosecutions of England and Wales from 1998 to 2003 and is now a High Court judge. Educated at Eton College and King's College Cambridge, he was called to the bar at the Middle Temple in 1969 and became a...
as DPP in October of that year. The appointment was immediately denounced by Opposition
Opposition (parliamentary)
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. Note that this article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state...
spokesmen as "rampant cronyism" and a "provocative appointment" due to Macdonald's business relationship with Cherie Booth (wife of then Prime Minister Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
) and his lack of prosecution experience. Government officials, including both the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
and Solicitor General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
defended the appointment as it had been made by an independent board consisting of First Civil Service Commissioner
First Civil Service Commissioner
The First Civil Service Commissioner heads the Office of Civil Service Commissioners, which ensures that the Civil Service in the United Kingdom is effective and impartial and that appointments are made on merit, and hears appeals under the Civil Service Code....
Baroness Prashar; Sir Hayden Phillips, Permanent Secretary
Permanent Secretary
The Permanent secretary, in most departments officially titled the permanent under-secretary of state , is the most senior civil servant of a British Government ministry, charged with running the department on a day-to-day basis...
at the Department for Constitutional Affairs
Department for Constitutional Affairs
The Department for Constitutional Affairs was a United Kingdom government department. Its creation was announced on 12 June 2003 with the intention of replacing the Lord Chancellor's Department...
; Sir David Omand
David Omand
Sir David Bruce Omand GCB is a former senior British civil servant.-Career:Educated at Glasgow Academy and Corpus Christi College, Cambridge, Omand started out with the Government Communications Headquarters. After years of service with the Ministry of Defence, from 1996 to 1997 he was Director of...
, Permanent Secretary, Cabinet Office
Cabinet Office
The Cabinet Office is a department of the Government of the United Kingdom responsible for supporting the Prime Minister and Cabinet of the United Kingdom....
; and Sir Robin Auld
Robin Auld
Sir Robin Ernest Auld was a Lord Justice of Appeal in the Court of Appeal of England and Wales.Sir Robin was educated at Brooklands College and King's College London. He graduated with a first class honours degree in Law in 1958, obtained a doctorate in Law in 1963, and he became a Fellow of...
, Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
. A few days after the announcement the press uncovered details of his earlier conviction, sparking fresh controversy. Macdonald also clashed with then Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, David Blunkett
David Blunkett
David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...
over the latter's plans for longer prison sentences, describing their likely effect as 'grotesque'. This provoked further press coverage. Not all coverage was so negative, with a fellow lawyer, David Pannick
David Pannick
David Philip Pannick, Baron Pannick QC is a leading barrister in the United Kingdom, and crossbencher in the House of Lords. He practises mainly in the areas of public law and human rights...
QC, writing in The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
defending Macdonald's appointment, and attacking the tabloid campaign against him; Macdonald's predecessor also dismissed the relevance of the drugs offence; and a report in The Independent
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
also found support for the appointment from within the legal system.
As DPP, Macdonald established the Counter Terrorism Division, the Organised Crime Division, the Special Crime Division and the Fraud Prosecution Service. In office, he often took positions which were critical of the government. For example, he opposed ministers' rhetoric around the "War on Terror", preferring to see terrorist attacks in the UK as law enforcement issues. He was prominent in criticising government attempts to extend pre-charge detention to 42 days, arguing that due process protections should not be undermined and that the reform was unnecessary. Near the end of his term, leaders in The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
and The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
were strongly supportive of his record in office. In his last month in office he warned against excessive use of surveillance
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
powers being introduced by the government, saying: "We should be careful to imagine the world we are creating before we build it. We might end up living with something we cannot bear."
He was awarded a knighthood
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
in the 2007 New Year Honours
New Year Honours
The New Year Honours is a part of the British honours system, being a civic occasion on the New Year annually in which new members of most Commonwealth Realms honours are named. The awards are presented by the reigning monarch or head of state, currently Queen Elizabeth II...
.
Later career
Macdonald retired as DPP on 31 October 2008, returning to private practice at Matrix ChambersMatrix Chambers
Matrix Chambers is a barristers’ set situated at Gray’s Inn, London. It was founded in April 2000 by 22 barristers from 7 different chambers.Matrix was founded shortly before the implementation of the Human Rights Act in October 2000...
and becoming a regular contributor to The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
, where he writes on law, security and politics. In 2009, he was appointed a Visiting Professor of Law at the London School of Economics
London School of Economics
The London School of Economics and Political Science is a public research university specialised in the social sciences located in London, United Kingdom, and a constituent college of the federal University of London...
. In 2010, he became a Deputy High Court Judge and a member of the Advisory Board of the Centre for Criminology at the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
.
On 14 December 2009, Macdonald wrote an article in The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
about the Chilcot Inquiry
Chilcot Inquiry
The Iraq Inquiry, also referred to as the Chilcot Inquiry after its chairman, Sir John Chilcot, is a British public inquiry into the United Kingdom's role in the Iraq War...
into the 2003 Iraq War. This article was more critical than anything that has been said so far by any of the senior civil servants who worked in Whitehall when Blair was prime minister. It is also notable because Macdonald works at Matrix Chambers
Matrix Chambers
Matrix Chambers is a barristers’ set situated at Gray’s Inn, London. It was founded in April 2000 by 22 barristers from 7 different chambers.Matrix was founded shortly before the implementation of the Human Rights Act in October 2000...
alongside Cherie Blair
Cherie Blair
Cherie Blair , known professionally as Cherie Booth QC, is a British barrister working in the legal system of England and Wales. She is married to the former Prime Minister of the United Kingdom, Tony Blair; the couple have three sons and one daughter...
. Macdonald describes Blair's "sycophancy towards power" and wrote that "since those sorry days we have frequently heard [Blair] repeating the self-regarding mantra that 'hand on heart, I only did what I thought was right'. But this is a narcissist's defence, and self-belief is no answer to misjudgment: it is certainly no answer to death."
On 28 May 2010, Downing Street
Downing Street
Downing Street in London, England has for over two hundred years housed the official residences of two of the most senior British cabinet ministers: the First Lord of the Treasury, an office now synonymous with that of Prime Minister of the United Kingdom, and the Second Lord of the Treasury, an...
announced that Macdonald would be made a Liberal Democrat life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
in the 2010 Dissolution Honours List, which was gazetted
London Gazette
The London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the United Kingdom, in which certain statutory notices are required to be published...
on 15 June. The Letters Patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
were gazetted on 15 July, dated 12 July granting him the title of Baron Macdonald of River Glaven, of Cley-next-the-Sea in the county of Norfolk.
On 13 July 2010, Theresa May
Theresa May
Theresa Mary May is a British Conservative politician who is Home Secretary in the Conservative – Liberal Democrat Coalition government. She was elected to Parliament in 1997 as the Member of Parliament for Maidenhead, and served as the Chairman of the Conservative Party, 2003–04...
, the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, announced to Parliament that she had invited Macdonald to oversee a government review of counter terrorism and security powers, to ensure that legislative measures in place were proportionate and consistent with the rule of law.
In October 2010, as part of Turkey's accession negotiations to the European Union, and on the recommendation of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
, the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
invited Macdonald to lead an EU mission to Turkey to asses that country's commitment to free expression and a free press.
In January 2011, it was announced that Macdonald was to succeed the late Lord Bingham of Cornhill as the Chair of Reprieve, the leading international anti-death penalty and prisoners' rights organisation.
In April 2011, he joined the Council of the Institute of Contemporary Arts, London.
In November 2011, he was elected an Honorary Fellow of St Edmund Hall, Oxford.
On June 1, 2011, Wadham College, Oxford
Wadham College, Oxford
Wadham College is one of the constituent colleges of the University of Oxford in the United Kingdom, located at the southern end of Parks Road in central Oxford. It was founded by Nicholas and Dorothy Wadham, wealthy Somerset landowners, during the reign of King James I...
announced that the Fellows intended to elect Macdonald to succeed Sir Neil Chalmers as Warden of the College upon the latter's retirement in 2012.
Personal life
In 1980 he married Linda Zuck, who is a television producer for production company Illuminations based in IslingtonIslington
Islington is a neighbourhood in Greater London, England and forms the central district of the London Borough of Islington. It is a district of Inner London, spanning from Islington High Street to Highbury Fields, encompassing the area around the busy Upper Street...
. They have two sons and a daughter and a granddaughter.