William Nimmo Smith, Lord Nimmo Smith
Encyclopedia
William Austin Nimmo Smith is a 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 expected to retire from this position on 30 September 2009.
at Eton College
, and studied at Classics
at Balliol College
, University of Oxford
(BA Hons 1965), and Law at the School of Law
of the University of Edinburgh
(LL.B. 1967). He was admitted to the Faculty of Advocates in 1969.
) to the Department of Employment in 1977, serving until 1982, at which time he took silk
. From 1983 to 1986, he was an Advocate Depute, representing the Crown in prosecutions and appeals in the High Court
. From 1986 to 1981, he was Chairman of the Medical Appeal Tribunals and the Vaccine Damage Tribunals, and from 1988 to 1996 was a part-time member of the Scottish Law Commission
.
, to conduct an investigation into allegations of corruption amongst a so-called Magic Circle in the Scottish justice system, comprising homosexual members of the judiciary, legal profession and police. The allegations included liability to black-mail and giving preferential treatment, including unusually lenient sentences, to homosexual criminals. Concerns had been raised by Linlithgow
MP Tam Dalyell
with Lothian and Borders
Chief Constable
Sir William Sutherland. The Report on an Inquiry into an Allegation of a Conspiracy to Pervert the Course of Justice in Scotland was presented to the House of Lords on 26 January 1993 by Lord Advocate
Lord Rodger of Earlsferry, and found no evidence of the existence of such a Magic Circle, but strongly criticised some police officers, who it said had treated rumours as fact or had been motivated by homophobia.
in 1995, and in 1996 was raised fully to the Bench as a Senator of the College of Justice
, a judge of the Court of Session
and High Court of Justiciary
, Scotland's Supreme Courts
, with the judicial title, Lord Nimmo Smith. Whilst a judge of the Outer House
of the Court of Session, he served as the Insolvency Judge and one of the Intellectual Property Judges. In 2002, he was one of five judges who heard the appeal of Abdelbaset al-Megrahi, the man convicted of the 1988 Lockerbie bombing
, at the Scottish Court in the Netherlands
. He was promoted to the First Division of the Inner House in 2005, at which time he was appointed a member of the Privy Council, affording him the style, The Right Honourable. He is expected to retire on 30 September 2009.
from 1996 to 2001, being succeeded in this position by fellow judge Lord Brodie.
Senator of the College of Justice
The Senators of the College of Justice 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 Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
and the Inner House
Inner House
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...
of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
. He is expected to retire from this position on 30 September 2009.
Early life
Nimmo Smith was educated as a King's ScholarKing's Scholar
A King's Scholar is a foundation scholar of one of certain public schools...
at Eton College
Eton College
Eton College, often referred to simply as Eton, is a British independent school for boys aged 13 to 18. It was founded in 1440 by King Henry VI as "The King's College of Our Lady of Eton besides Wyndsor"....
, and studied at Classics
Literae Humaniores
Literae Humaniores is the name given to an undergraduate course focused on Classics at Oxford and some other universities.The Latin name means literally "more humane letters", but is perhaps better rendered as "Advanced Studies", since humaniores has the sense of "more refined" or "more learned",...
at Balliol College
Balliol College, Oxford
Balliol College , founded in 1263, is one of the constituent colleges of the University of Oxford in England but founded by a family with strong Scottish connections....
, 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...
(BA Hons 1965), and Law at the School of Law
University of Edinburgh School of Law
The University of Edinburgh School of Law, founded in 1707, is a school within the University of Edinburgh, Scotland, dedicated to research and teaching in law. Known today as Edinburgh Law School, it is located in the historic Old College, the original site of the University...
of the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
(LL.B. 1967). He was admitted to the Faculty of Advocates in 1969.
Legal career
Nimmo Smith was appointed Standing Junior Counsel (legal advisor appointed by the Lord AdvocateLord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
) to the Department of Employment in 1977, serving until 1982, at which time he took silk
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...
. From 1983 to 1986, he was an Advocate Depute, representing the Crown in prosecutions and appeals in the High Court
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
. From 1986 to 1981, he was Chairman of the Medical Appeal Tribunals and the Vaccine Damage Tribunals, and from 1988 to 1996 was a part-time member of the Scottish Law Commission
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...
.
Nimmo Smith-Friel Report
In 1993, he was appointed along with James Friel, Senior Procurator Fiscal of North StrathclydeSheriffdom
A sheriffdom is a judicial district in Scotland.Since 1 January 1975 there have been six sheriffdoms. Previously sheriffdoms were composed of groupings of counties...
, to conduct an investigation into allegations of corruption amongst a so-called Magic Circle in the Scottish justice system, comprising homosexual members of the judiciary, legal profession and police. The allegations included liability to black-mail and giving preferential treatment, including unusually lenient sentences, to homosexual criminals. Concerns had been raised by Linlithgow
Linlithgow (UK Parliament constituency)
Linlithgow was a county constituency of the House of Commons of the Parliament of the United Kingdom from 1983 to 2005. It elected one Member of Parliament by the first past the post system of elections....
MP Tam Dalyell
Tam Dalyell
Sir Thomas Dalyell Loch, 11th Baronet , known as Tam Dalyell, is a British Labour Party politician, who was a Member of Parliament in the House of Commons from 1962 to 2005, first for West Lothian and then for Linlithgow.-Early life:...
with Lothian and Borders
Lothian and Borders Police
Lothian and Borders Police is the territorial police force for the Scottish council areas of the City of Edinburgh, East Lothian, Midlothian, Scottish Borders and West Lothian...
Chief Constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
Sir William Sutherland. The Report on an Inquiry into an Allegation of a Conspiracy to Pervert the Course of Justice in Scotland was presented to the House of Lords on 26 January 1993 by Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
Lord Rodger of Earlsferry, and found no evidence of the existence of such a Magic Circle, but strongly criticised some police officers, who it said had treated rumours as fact or had been motivated by homophobia.
The Bench
Nimmo Smith was appointed a temporary judge of the Court of SessionCourt of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
in 1995, and in 1996 was raised fully to the Bench as a Senator of the College of Justice
Senator of the College of Justice
The Senators of the College of Justice 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 Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
, a judge of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, Scotland's Supreme Courts
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
, with the judicial title, Lord Nimmo Smith. Whilst a judge of the Outer House
Outer House
The Outer House is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted to it by the other more senior part, the Inner House...
of the Court of Session, he served as the Insolvency Judge and one of the Intellectual Property Judges. In 2002, he was one of five judges who heard the appeal of Abdelbaset al-Megrahi, the man convicted of the 1988 Lockerbie bombing
Pan Am Flight 103
Pan Am Flight 103 was Pan American World Airways' third daily scheduled transatlantic flight from London Heathrow Airport to New York's John F. Kennedy International Airport...
, at the Scottish Court in the Netherlands
Scottish Court in the Netherlands
The Scottish court in the Netherlands was the special High Court of Justiciary set up under Scots law in a former United States Air Force base called Camp Zeist in Utrecht, in the Netherlands, for the trial of two Libyans charged with 270 counts of murder in connection with the bombing of Pan Am...
. He was promoted to the First Division of the Inner House in 2005, at which time he was appointed a member of the Privy Council, affording him the style, The Right Honourable. He is expected to retire on 30 September 2009.
Personal life
Nimmo Smith married Jennifer Main in 1968, with whom he has a son and a daughter. He was Chairman of the Council of the Cockburn AssociationCockburn Association
The Cockburn Association is based in Edinburgh, Scotland. It is one of the world's oldest architectural conservation and urban planning monitoring organisations....
from 1996 to 2001, being succeeded in this position by fellow judge Lord Brodie.