Edward Fitzgerald (barrister)
Encyclopedia
Edward Hamilton Fitzgerald QC
CBE
is an English barrister who specialises in criminal law
, public law, and international human rights law
. His work against the death penalty has led him to represent despised criminals such as: Myra Hindley, a perpetrator in the Moors murders
; Mary Bell
, a child killer; Maxine Carr, partly responsible for the Soham murders; Jon Venables, one of James Bulger
's killers; various IRA
prisoners; and Abu Hamza
, the controversial Muslim cleric. Fitzgerald is currently the joint head of Doughty Street Chambers
along with Geoffrey Robertson
QC. Fitzgerald has been called to the Bar in a number of jurisdiction
s including Belize
, Grenada and St Vincent, and has been granted rights of audience to appear in cases in Hong Kong, Trinidad and Tobago, St Lucia, Bahamas, and the British Virgin Islands
. He is also a trustee and patron of a number of charities including The Death Penalty Project and The Longford Trust.
in Seaford
, and then Downside School
in Stratton-on-the-Fosse
, Somerset, England, where he joined Barlow House. Dom Raphael Appleby, the house master, introduced him to the art of debate and honed his skills. He also encouraged the boys to help those less fortunate than themselves with visits to the nearby Cheshire Homes, and thus encouraged them to bring justice and peace to the oppressed. Dom Raphael introduced him to the concept of social justice
and encouraged thought about prisons and prisoners. Another of this monk’s beliefs was that problems and disputes should be resolved by argument. Fitzgerald went onto study at Corpus Christi College, Oxford
where he read Literae Humaniores
(Classics
), and graduated with a Congratulatory First. At Oxford, Fitzgerald played rugby for Corpus Christi, became involved in College politics, was elected secretary of the Junior Combination Room, spoke regularly at the Oxford Union
, wrote for the University paper, and edited the College magazine. After finishing his degree, Fitzgerald signed up to the two-year Bar course and then took a year off. He volunteered as a drama teacher at Kingswood reformatory, Bristol
, for six months where Derek Bentley
had been sent several years before. This proved to be inspirational and he decided that working with prisoners appealed to him. Halfway through the year, he moved to work for Mind. He then resumed his legal career with a one-year pupillage
, before going up to Cambridge. Fitzgerald studied at the Institute of Criminology, Cambridge
, leaving with a Master of Philosophy
degree. He also qualified in New York and in American law
.
in 1978 and took silk (appointed Queen's Counsel
) in 1995. At the age of 27, Fitzgerald was a barrister practicing at Dr Johnson’s Buildings, Temple, London, where the other members included John Mortimer
, Helena Kennedy, and Geoffrey Robertson
. Fitzgerald is currently the joint head of Doughty Street Chambers
, along with Geoffrey Robertson
QC
. Fitzgerald has appeared in many leading cases involving extradition
, appeals over miscarriages of justice, and Privy Council
death row appeals from the Commonwealth
and Caribbean
. In successive landmark cases in the House of Lords
and European Court of Human Rights
he has established rights for life-sentence prisoners and those on death row
. Fitzgerald has been called to the Bar in a number of jurisdictions, including Belize, Grenada, and St. Vincent. He has also been granted rights of audience to appear in cases in Hong Kong, Trinidad and Tobago, St Lucia, Bahamas, and the British Virgin Islands, and has represented death row prisoners in the Caribbean at all levels: sentencing hearings in the local courts, in the Courts of Appeal of Belize and the Eastern Caribbean, and at the Privy Council
.
Fitzgerald's work as a criminal defence barrister cases has led him to represent "some of the most loathed people ever to appear in court." His clients have included Myra Hindley, the Moors murderer; Mary Bell, a child killer
; Maxine Carr
; Jon Venables, one of James Bulger’s killers various IRA prisoners, including Róisín McAliskey
; and Abu Hamza, a controversial Muslim cleric. Fitzgerald also represented David Shayler
, a British journalist and former MI5
(Security Service) officer.
, Criminal
, and criminal extradition law, and received a star ranking for his work in Civil liberties in the United Kingdom
. Fitzgerald is also consistently ranked in Legal 500 for his work in Administrative and Public Law, Crime and Human Rights. Legal 500 described him as "a true intellectual giant – a top-class extradition and appellate lawyer". In June 1998, Fitzgerald was awarded the Justice award, sponsored by The Times
of London, for outstanding contributions to criminal justice
. Fitzgerald is also the 9th most cited barrister
in the UK press, with seventy mentions between July 2006 and 2007. On the 25 September 2005, Fitzgerald became the "Human Rights Silk of the Year" at the Chambers and Partners Bar Awards. In June 2008, Fitzgerald was made a Commander of the Order of the British Empire in the Queen's Birthday Honours
list 2008. The award was made in recognition of his services to human rights. In 2009, Fitzgerald won the silver jubilee "Legal Aid Lawyer of the Year" (for outstanding achievement) from the Legal Aid Practitioner's Group.
of the Death Penalty Project since its inception in 2005. Fitzgerald is also a patron
of the Human Rights Lawyers Association, which aims to "increase knowledge and understanding of human rights and to aid their effective implementation within the UK legal framework and system of government". Fitzgerald is a trustee of The Longford Trust
, founded in 2002 by admirers of Lord Longford (1905–2001) to celebrate his achievements and to further his goals in social and prison reform. Fitzgerald is also a patron of Young Legal Aid Lawyers, which has a strong belief in the "importance of good quality representation and advice at all levels to those who could otherwise not afford it".
QC
In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...
CBE
CBE
CBE and C.B.E. are abbreviations for "Commander of the Order of the British Empire", a grade in the Order of the British Empire.Other uses include:* Chemical and Biochemical Engineering...
is an English barrister who specialises in criminal law
English criminal law
English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences. Criminal acts are considered offences against the whole of a community...
, public law, and international human rights law
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
. His work against the death penalty has led him to represent despised criminals such as: Myra Hindley, a perpetrator in the Moors murders
Moors murders
The Moors murders were carried out by Ian Brady and Myra Hindley between July 1963 and October 1965, in and around what is now Greater Manchester, England. The victims were five children aged between 10 and 17—Pauline Reade, John Kilbride, Keith Bennett, Lesley Ann Downey and Edward Evans—at least...
; Mary Bell
Mary Bell
Mary Flora Bell was convicted in December 1968 of the manslaughter of two boys, Martin Brown and Brian Howe...
, a child killer; Maxine Carr, partly responsible for the Soham murders; Jon Venables, one of James Bulger
Murder of James Bulger
James Patrick Bulger was a boy from Kirkby, England, who was murdered on 12 February 1993, when aged two. He was abducted, tortured and murdered by two ten-year-old boys, Robert Thompson and Jon Venables .Bulger disappeared from the New Strand Shopping Centre in Bootle, near Liverpool, while...
's killers; various IRA
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
prisoners; and Abu Hamza
Abu Hamza
Abu Hamza may refer to:* Abu Hamza al-Masri , jailed UK Muslim cleric* Mahmoud al-Majzoub , leader of the Palestinian Islamic Jihad* Abu Hamza al-Muhajir , leader of Al-Qaeda in Iraq...
, the controversial Muslim cleric. Fitzgerald is currently the joint head of Doughty Street Chambers
Doughty Street Chambers
Doughty Street Chambers is a UK set of barristers' chambers situated in London's Doughty Street undertaking criminal justice, public law, immigration, employment, human rights and civil liberties work. Doughty Street Chambers was set up in 1990 by thirty independent-minded barristers, aiming to...
along with Geoffrey Robertson
Geoffrey Robertson
Geoffrey Ronald Robertson QC is an Australian-born human rights lawyer, academic, author and broadcaster. He holds dual Australian and British citizenship....
QC. Fitzgerald has been called to the Bar in a number of jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s including Belize
Belize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
, Grenada and St Vincent, and has been granted rights of audience to appear in cases in Hong Kong, Trinidad and Tobago, St Lucia, Bahamas, and the British Virgin Islands
British Virgin Islands
The Virgin Islands, often called the British Virgin Islands , is a British overseas territory and overseas territory of the European Union, located in the Caribbean to the east of Puerto Rico. The islands make up part of the Virgin Islands archipelago, the remaining islands constituting the U.S...
. He is also a trustee and patron of a number of charities including The Death Penalty Project and The Longford Trust.
Early life and education
Fitzgerald was educated at Ladycross Preparatory SchoolLadycross School
Ladycross was a Catholic preparatory school based in Seaford, East Sussex, overlooking the downs with trenches which led up to the cliffs. Founded in 1891, more than 2,000 pupils attended it before its closure in 1977.-History:...
in Seaford
Seaford, East Sussex
Seaford is a coastal town in the county of East Sussex, on the south coast of England. Lying east of Newhaven and Brighton and west of Eastbourne, it is the largest town in Lewes district, with a population of about 23,000....
, and then Downside School
Downside School
Downside School is a co-educational Catholic independent school for children aged 11 to 18, located in Stratton-on-the-Fosse, between Norton Radstock and Shepton Mallet in Somerset, south west England. It is attached to Downside Abbey...
in Stratton-on-the-Fosse
Stratton-on-the-Fosse
Stratton-on-the-Fosse is a village and civil parish located on the edge of the Mendip Hills, south-west of Westfield, north-east of Shepton Mallet, and from Frome, in Somerset, England. It has a population 1,045, and has a rural agricultural landscape, although it was part of the once-thriving...
, Somerset, England, where he joined Barlow House. Dom Raphael Appleby, the house master, introduced him to the art of debate and honed his skills. He also encouraged the boys to help those less fortunate than themselves with visits to the nearby Cheshire Homes, and thus encouraged them to bring justice and peace to the oppressed. Dom Raphael introduced him to the concept of social justice
Social justice
Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...
and encouraged thought about prisons and prisoners. Another of this monk’s beliefs was that problems and disputes should be resolved by argument. Fitzgerald went onto study at Corpus Christi College, Oxford
Corpus Christi College, Oxford
Corpus Christi College is one of the constituent colleges of the University of Oxford in the United Kingdom...
where he read Literae Humaniores
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",...
(Classics
Classics
Classics is the branch of the Humanities comprising the languages, literature, philosophy, history, art, archaeology and other culture of the ancient Mediterranean world ; especially Ancient Greece and Ancient Rome during Classical Antiquity Classics (sometimes encompassing Classical Studies or...
), and graduated with a Congratulatory First. At Oxford, Fitzgerald played rugby for Corpus Christi, became involved in College politics, was elected secretary of the Junior Combination Room, spoke regularly at the Oxford Union
Oxford Union
The Oxford Union Society, commonly referred to simply as the Oxford Union, is a debating society in the city of Oxford, Britain, whose membership is drawn primarily but not exclusively from the University of Oxford...
, wrote for the University paper, and edited the College magazine. After finishing his degree, Fitzgerald signed up to the two-year Bar course and then took a year off. He volunteered as a drama teacher at Kingswood reformatory, Bristol
Bristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...
, for six months where Derek Bentley
Derek Bentley
Derek William Bentley was a British teenager hanged for the murder of a police officer, committed in the course of a burglary attempt. The murder of the police officer was committed by a friend and accomplice of Bentley's, Christopher Craig, then aged 16. Bentley was convicted as a party to the...
had been sent several years before. This proved to be inspirational and he decided that working with prisoners appealed to him. Halfway through the year, he moved to work for Mind. He then resumed his legal career with a one-year pupillage
Pupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...
, before going up to Cambridge. Fitzgerald studied at the Institute of Criminology, Cambridge
Cambridge Institute of Criminology
The Cambridge Institute of Criminology was founded in 1959, with the support of a benefaction from the Wolfson Foundation and the Howard League for Penal Reform. It is part of the University of Cambridge's Faculty of Law, but its multidisciplinary teaching and research staff are also recruited from...
, leaving with a Master of Philosophy
Master of Philosophy
The Master of Philosophy is a postgraduate research degree.An M.Phil. is a lesser degree than a Doctor of Philosophy , but in many cases it is considered to be a more senior degree than a taught Master's degree, as it is often a thesis-only degree. In some instances, an M.Phil...
degree. He also qualified in New York and in American law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
.
Personal life
Fitzgerald is married to Rebecca Fraser, Lady Antonia Fraser's daughter; they have three daughters. His grandfather-in-law is Lord Longford, the long-term activist for Myra Hindley.Career at the Bar
Fitzgerald was called to the BarCall to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
in 1978 and took silk (appointed 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 1995. At the age of 27, Fitzgerald was a barrister practicing at Dr Johnson’s Buildings, Temple, London, where the other members included John Mortimer
John Mortimer
Sir John Clifford Mortimer, CBE, QC was a British barrister, dramatist, screenwriter and author.-Early life:...
, Helena Kennedy, and Geoffrey Robertson
Geoffrey Robertson
Geoffrey Ronald Robertson QC is an Australian-born human rights lawyer, academic, author and broadcaster. He holds dual Australian and British citizenship....
. Fitzgerald is currently the joint head of Doughty Street Chambers
Doughty Street Chambers
Doughty Street Chambers is a UK set of barristers' chambers situated in London's Doughty Street undertaking criminal justice, public law, immigration, employment, human rights and civil liberties work. Doughty Street Chambers was set up in 1990 by thirty independent-minded barristers, aiming to...
, along with Geoffrey Robertson
Geoffrey Robertson
Geoffrey Ronald Robertson QC is an Australian-born human rights lawyer, academic, author and broadcaster. He holds dual Australian and British citizenship....
QC
QC
In Commonwealth countries, QC refers to Queen's Counsel, a distinguished and experienced legal practitioner.QC may also refer to:* Quebec Canada Post provincial abbreviation...
. Fitzgerald has appeared in many leading cases involving extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
, appeals over miscarriages of justice, and Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
death row appeals from the Commonwealth
Commonwealth
Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...
and Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
. In successive landmark cases in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
and European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
he has established rights for life-sentence prisoners and those on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
. Fitzgerald has been called to the Bar in a number of jurisdictions, including Belize, Grenada, and St. Vincent. He has also been granted rights of audience to appear in cases in Hong Kong, Trinidad and Tobago, St Lucia, Bahamas, and the British Virgin Islands, and has represented death row prisoners in the Caribbean at all levels: sentencing hearings in the local courts, in the Courts of Appeal of Belize and the Eastern Caribbean, and at the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
.
Fitzgerald's work as a criminal defence barrister cases has led him to represent "some of the most loathed people ever to appear in court." His clients have included Myra Hindley, the Moors murderer; Mary Bell, a child killer
Child murder
The murder of children is considered an abhorrent crime in much of the world; they are perceived within their communities and the state at large as being vulnerable, and therefore especially susceptible to abduction and murder. The protection of children from abuse and possible death often involves...
; Maxine Carr
Soham murders
The Soham murders was an English murder case in 2002 of two 10-year-old girls in the village of Soham, Cambridgeshire.The victims were Holly Marie Wells and Jessica Aimee Chapman...
; Jon Venables, one of James Bulger’s killers various IRA prisoners, including Róisín McAliskey
Róisín McAliskey
Róisín Elizabeth McAliskey is an Irish political activist. She is the elder daughter of republican activists Bernadette and Michael McAliskey...
; and Abu Hamza, a controversial Muslim cleric. Fitzgerald also represented David Shayler
David Shayler
David Shayler is a British journalist and former MI5 officer. Shayler earned notoriety after being prosecuted under the Official Secrets Act 1989 for his passing secret documents to the Mail on Sunday in August 1997 that alleged that MI5 was paranoid about socialists, and that it had previously...
, a British journalist and former MI5
MI5
The Security Service, commonly known as MI5 , is the United Kingdom's internal counter-intelligence and security agency and is part of its core intelligence machinery alongside the Secret Intelligence Service focused on foreign threats, Government Communications Headquarters and the Defence...
(Security Service) officer.
Professional reputation
In the Chambers and Partners 2011, Fitzgerald was listed as a leading silk in Public and AdministrativeEnglish administrative law
-Ombudsmen:In the United Kingdom a post of Ombudsman is attached to the Westminster Parliament with additional posts at the Scottish Parliament, the Welsh Assembly and other government institutions...
, Criminal
English criminal law
English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences. Criminal acts are considered offences against the whole of a community...
, and criminal extradition law, and received a star ranking for his work in Civil liberties in the United Kingdom
Civil liberties in the United Kingdom
Civil liberties in the United Kingdom have a long and formative history. This is usually considered to have begun with the English legal charter the Magna Carta of 1215, following its predecessor the English Charter of Liberties, a landmark document in English legal history...
. Fitzgerald is also consistently ranked in Legal 500 for his work in Administrative and Public Law, Crime and Human Rights. Legal 500 described him as "a true intellectual giant – a top-class extradition and appellate lawyer". In June 1998, Fitzgerald was awarded the Justice award, sponsored by 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...
of London, for outstanding contributions to criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
. Fitzgerald is also the 9th most cited barrister
Barristers in England and Wales
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. -Origin of the profession:The work of senior legal professionals in England and Wales...
in the UK press, with seventy mentions between July 2006 and 2007. On the 25 September 2005, Fitzgerald became the "Human Rights Silk of the Year" at the Chambers and Partners Bar Awards. In June 2008, Fitzgerald was made a Commander of the Order of the British Empire in the Queen's Birthday Honours
Queen's Birthday Honours
The Queen's Birthday Honours is a part of the British honours system, being a civic occasion on the celebration of the Queen's Official Birthday 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...
list 2008. The award was made in recognition of his services to human rights. In 2009, Fitzgerald won the silver jubilee "Legal Aid Lawyer of the Year" (for outstanding achievement) from the Legal Aid Practitioner's Group.
Trusteeships and patronages
Fitzgerald has been a trusteeTrustee
Trustee is a legal term which, in its broadest sense, can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another...
of the Death Penalty Project since its inception in 2005. Fitzgerald is also a patron
Patrón
Patrón is a luxury brand of tequila produced in Mexico and sold in hand-blown, individually numbered bottles.Made entirely from Blue Agave "piñas" , Patrón comes in five varieties: Silver, Añejo, Reposado, Gran Patrón Platinum and Gran Patrón Burdeos. Patrón also sells a tequila-coffee blend known...
of the Human Rights Lawyers Association, which aims to "increase knowledge and understanding of human rights and to aid their effective implementation within the UK legal framework and system of government". Fitzgerald is a trustee of The Longford Trust
The Longford Trust
The Longford Trust is a charitable organisation that was set up in 2002 to promote social and prison reform in the UK. The Trust was set up by the friends, family and admirers of the late Lord Longford to celebrate his accomplishments and to further the goals he pursued in the areas of social and...
, founded in 2002 by admirers of Lord Longford (1905–2001) to celebrate his achievements and to further his goals in social and prison reform. Fitzgerald is also a patron of Young Legal Aid Lawyers, which has a strong belief in the "importance of good quality representation and advice at all levels to those who could otherwise not afford it".