James Chadwin
Encyclopedia
James Armstrong Chadwin QC
(7 June 1930 – 16 January 2006) was a prominent British
barrister
, whose cases included defending Peter Sutcliffe
, the "Yorkshire Ripper".
Chadwin was born in Glasgow
and educated at the High School of Glasgow, Glasgow University (where he read modern languages and met the woman he was to marry) and Jesus College, Oxford
. Whilst at Oxford, he was active as an actor and director in university theatre and also joined the Oxford University Air Squadron. He then spent six years in the Royal Air Force
as an education officer at RAF Sandwich, his eyesight not being good enough to enable him to be a pilot.
He was then called to the bar by Gray's Inn
in 1958 and joined chambers
in Newcastle upon Tyne
where his contemporaries included Peter Taylor
, later Lord Chief Justice of England and Wales
. Chadwin practised mainly in the field of criminal law
and became a Queen's Counsel
in 1976. He also became a Recorder
in the same year, presiding over some trials at the Old Bailey
. He was later appointed a Bencher
of Gray's Inn and, in 1988, Leader of the Northern Circuit
.
Chadwin represented Peter Sutcliffe in 1981. Sutcliffe had admitted killing 13 women and attempting to kill seven others. Four psychiatrists reported on Sutcliffe and diagnosed paranoid schizophrenia, and Sir Michael Havers QC, the Attorney-General
, was prepared to accept a plea of guilty to manslaughter
on the grounds of diminished responsibility
. However, the trial judge, Mr Justice Boreham, refused to accept this plea and so Sutcliffe was tried for murder. Chadwin's attempts to secure a manslaughter verdict failed, although the jury
returned a majority verdict of 10:2 reflecting doubts that two jurors had.
Apart from Sutcliffe, his clients included Anthony Arkwright, who committed four murders in an apparent attempt to emulate Sutcliffe. He also represented Donna Anthony
, who was convicted of killing her two children. The prosecution relied on evidence from Professor Sir Roy Meadow
, whose evidence was later discredited. Chadwin appeared unsuccessfully for Donna Anthony on her first appeal, but illness prevented him representing her on her second, successful, appeal. Amongst his civil cases, Miller v. Jackson
was a Court of Appeal
decision on whether a cricket club was liable in nuisance
and negligence
to neighbouring residents when sixes were hit by players into their garden. Chadwin represented the neighbours and obtained an award of damages, although the injunction
that had been granted at trial against the cricket club was overturned on appeal.
Chadwin, who was married with four children, died in 2006. His obituary in The Times
described him in this way:
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...
(7 June 1930 – 16 January 2006) was a prominent British
British people
The British are citizens of the United Kingdom, of the Isle of Man, any of the Channel Islands, or of any of the British overseas territories, and their descendants...
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...
, whose cases included defending Peter Sutcliffe
Peter Sutcliffe
Peter William Sutcliffe is a British serial killer who was dubbed "The Yorkshire Ripper". In 1981 Sutcliffe was convicted of murdering 13 women and attacking seven others. He is currently serving 20 sentences of life imprisonment in Broadmoor Hospital...
, the "Yorkshire Ripper".
Chadwin was born in Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
and educated at the High School of Glasgow, Glasgow University (where he read modern languages and met the woman he was to marry) and Jesus College, Oxford
Jesus College, Oxford
Jesus College is one of the colleges of the University of Oxford in England. It is in the centre of the city, on a site between Turl Street, Ship Street, Cornmarket Street and Market Street...
. Whilst at Oxford, he was active as an actor and director in university theatre and also joined the Oxford University Air Squadron. He then spent six years in the Royal Air Force
Royal Air Force
The Royal Air Force is the aerial warfare service branch of the British Armed Forces. Formed on 1 April 1918, it is the oldest independent air force in the world...
as an education officer at RAF Sandwich, his eyesight not being good enough to enable him to be a pilot.
He was then called to the bar by Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, 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 1958 and joined 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 :...
in Newcastle upon Tyne
Newcastle upon Tyne
Newcastle upon Tyne is a city and metropolitan borough of Tyne and Wear, in North East England. Historically a part of Northumberland, it is situated on the north bank of the River Tyne...
where his contemporaries included Peter Taylor
Peter Taylor, Baron Taylor of Gosforth
Peter Murray Taylor, Baron Taylor of Gosforth PC was the Lord Chief Justice of England from 1992 until his premature retirement in 1996, due to poor health which led to his death the following year.-Family:...
, later Lord Chief Justice of England and Wales
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
. Chadwin practised mainly in the field of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
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 1976. He also 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...
in the same year, presiding over some trials at the Old Bailey
Old Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...
. He was later appointed a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of Gray's Inn and, in 1988, Leader of the Northern Circuit
Northern Circuit
The Northern Circuit dates from 1176 when Henry II sent his judges on circuit to do justice in his name. The Circuit encompassed the whole of the North of England but in 1876 it was divided. That part to the west of the Pennines retained the old name. The land to the east became the territory of...
.
Chadwin represented Peter Sutcliffe in 1981. Sutcliffe had admitted killing 13 women and attempting to kill seven others. Four psychiatrists reported on Sutcliffe and diagnosed paranoid schizophrenia, and Sir Michael Havers QC, the Attorney-General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
, was prepared to accept a plea of guilty to manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
on the grounds of diminished responsibility
Diminished responsibility in English law
In English law, diminished responsibility is one of the partial defences that reduce the offence from murder to manslaughter if successful . This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 Mental Health Act 1983 to ensure treatment rather than...
. However, the trial judge, Mr Justice Boreham, refused to accept this plea and so Sutcliffe was tried for murder. Chadwin's attempts to secure a manslaughter verdict failed, although the jury
Jury (England and Wales)
In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries.-History:The English jury has its roots in two institutions that date from before the Norman conquest in 1066...
returned a majority verdict of 10:2 reflecting doubts that two jurors had.
Apart from Sutcliffe, his clients included Anthony Arkwright, who committed four murders in an apparent attempt to emulate Sutcliffe. He also represented Donna Anthony
Donna Anthony
Donna Anthony is a British woman from Somerset who was jailed in 1998 after being convicted of the murder of her two babies. She was cleared and freed after having spent more than six years in prison....
, who was convicted of killing her two children. The prosecution relied on evidence from Professor Sir Roy Meadow
Roy Meadow
Sir Samuel Roy Meadow is a British paediatrician and professor, who rose to initial fame for his 1977 academic paper on the now controversial Munchausen Syndrome by Proxy and his crusade against parents who, he believes, wilfully harm or kill their children. He was knighted for these works...
, whose evidence was later discredited. Chadwin appeared unsuccessfully for Donna Anthony on her first appeal, but illness prevented him representing her on her second, successful, appeal. Amongst his civil cases, Miller v. Jackson
Miller v. Jackson
Miller v Jackson [1977] QB 966 is a famous Court of Appeal case in the torts of negligence and nuisance. The court considered whether the defendant - the chairman of a local cricket club, on behalf of its members - was liable in nuisance or negligence when cricket balls were hit over the boundary...
was a Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
decision on whether a cricket club was liable in nuisance
Nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
and negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
to neighbouring residents when sixes were hit by players into their garden. Chadwin represented the neighbours and obtained an award of damages, although the injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
that had been granted at trial against the cricket club was overturned on appeal.
Chadwin, who was married with four children, died in 2006. His obituary 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...
described him in this way: