Michael Havers, Baron Havers
Encyclopedia
Robert Michael Oldfield Havers, Baron Havers PC, QC
(10 March 1923 – 1 April 1992) was a British
barrister and Conservative
politician. From his knight
hood in 1972 until becoming a peer in 1987 he was known as Sir Michael Havers.
and brother of Baroness Butler-Sloss
(born 1933) who in 1988 became the first woman named to the Court of Appeal
and later President of the Family Division
.
, and after war service in the Royal Navy
, at Corpus Christi College
at the University of Cambridge
.
in 1964 and became a member of the Privy Council in 1977. He was elected to the House of Commons
representing Wimbledon
in 1970, a seat he held until 1987. He served as Solicitor General
under Edward Heath
from 1972 to 1974, and as Attorney-General for England and Wales and Northern Ireland
from 1979 to 1987 under Margaret Thatcher
. In June 1987 he was appointed Lord Chancellor
and consequently became a life peer
as Baron Havers, of St Edmundsbury in the County of Suffolk
. However, he was forced to resign that October, due to ill health.
, Sutcliffe pleaded not guilty to 13 counts of murder, but guilty to manslaughter
on the grounds of diminished responsibility
. The basis of this defence was his claim that he was the tool of God's will. Sutcliffe first claimed to have heard voices while working as a gravedigger, that ultimately ordered him to kill prostitutes. He claimed that the voices originated from a headstone of a deceased Polish man, Bronislaw Zapolski, and that the voices were that of God.
He also pleaded guilty to seven counts of attempted murder
. The prosecution intended to accept Sutcliffe's plea after four psychiatrists diagnosed him with paranoid schizophrenia. However, the trial judge, Mr Justice Boreham, demanded an unusually detailed explanation of the prosecution reasoning. After a two-hour representation by Havers, the Attorney-General, a 90-minute lunch break and a further 40 minutes of legal discussion, he rejected the diminished responsibility plea and the expert testimonies of the four psychiatrists, insisting that the case should be dealt with by a jury. The trial proper was set to commence on 5 May 1981.
The trial lasted two weeks and despite the efforts of his counsel James Chadwin QC
, Sutcliffe was found guilty of murder on all counts and sentenced to life imprisonment.
and also of the Maguire family (known as the Maguire Seven), all of whom were wrongfully convicted. Collectively, they served a total of 113 years in prison and one of the Maguire Seven, Giuseppe Conlon, died in prison, convicted on the basis of discredited forensic evidence.
In the case of the Guildford Four, the Director of Public Prosecutions was found to have suppressed alibi evidence that supported Gerry Conlon and Paul Hill’s claims of innocence. The Director of Public Prosecutions, for which Havers was acting, was also found to have suppressed confessions by Provisional IRA bombers, known as the Balcombe Street Gang that they had carried out the Guildford and Woolwich bombings.
In his submission to Sir John May's Inquiry into the Guildford and Woolwich bombings in 1989 Labour MP Chris Mullin
's cast doubt on Havers’s integrity in the matter:
, QC
and the actor, the Honourable Nigel Havers
.
in the 2002 BBC
production of Ian Curteis
's controversial The Falklands Play
. On an occasion when he delayed making a decision, he was the subject of one of the shortest ever letters to The Times newspaper - a letter which ran as follows:
Sir,
Michael Havers.
As ever,
.....
|-
|-
|-
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...
(10 March 1923 – 1 April 1992) was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
barrister and Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
politician. From his knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
hood in 1972 until becoming a peer in 1987 he was known as Sir Michael Havers.
Early life
Havers was a son of High Court Judge Sir Cecil HaversCecil Havers
Sir Cecil Robert Havers, KC was an English barrister and judge.Cecil Havers led a legal dynasty and rose to become a High Court judge. His son Michael Havers became Lord Chancellor, his daughter Elizabeth Butler-Sloss became President of the Family Division of the High Court and his grandson...
and brother of Baroness Butler-Sloss
Elizabeth Butler-Sloss, Baroness Butler-Sloss
Anne Elizabeth Oldfield Butler-Sloss, Baroness Butler-Sloss, GBE, PC is a retired English judge. She was the first female Lord Justice of Appeal and, until 2004, was the highest-ranking female judge in the United Kingdom. Until June 2007, she chaired the inquests into the deaths of Diana, Princess...
(born 1933) who in 1988 became the first woman named to the 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...
and later President of the Family Division
Family division
Family division can refer to:* Family Division of the High Court of Justice* divorce* annulment* division of property* alimony* parental responsibility * dysfunctional familyFor an overview, please see family and family law....
.
Education
Havers was educated at Westminster SchoolWestminster School
The Royal College of St. Peter in Westminster, almost always known as Westminster School, is one of Britain's leading independent schools, with the highest Oxford and Cambridge acceptance rate of any secondary school or college in Britain...
, and after war service in the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
, at Corpus Christi College
Corpus Christi College, Cambridge
Corpus Christi College is a constituent college of the University of Cambridge. It is notable as the only college founded by Cambridge townspeople: it was established in 1352 by the Guilds of Corpus Christi and the Blessed Virgin Mary...
at the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
.
Political and legal career
Havers was named a Queen's CounselQueen'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 1964 and became a member of the Privy Council in 1977. He was elected to the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
representing Wimbledon
Wimbledon (UK Parliament constituency)
Wimbledon is one of two parliamentary constituencies in the London Borough of Merton in south-west London. It elects one Member of Parliament to the House of Commons of the Parliament of the United Kingdom, by the first-past-the-post voting system....
in 1970, a seat he held until 1987. He served as 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...
under Edward Heath
Edward Heath
Sir Edward Richard George "Ted" Heath, KG, MBE, PC was a British Conservative politician who served as Prime Minister of the United Kingdom and as Leader of the Conservative Party ....
from 1972 to 1974, and as Attorney-General for England and Wales and Northern Ireland
Attorney General for Northern Ireland
The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....
from 1979 to 1987 under Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
. In June 1987 he was appointed Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
and consequently became a 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...
as Baron Havers, of St Edmundsbury in the County of Suffolk
Suffolk
Suffolk is a non-metropolitan county of historic origin in East Anglia, England. It has borders with Norfolk to the north, Cambridgeshire to the west and Essex to the south. The North Sea lies to the east...
. However, he was forced to resign that October, due to ill health.
Yorkshire Ripper trial
In May 1981, at the trial of The Yorkshire Ripper, Peter SutcliffePeter 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...
, Sutcliffe pleaded not guilty to 13 counts of murder, but guilty to manslaughter
Manslaughter in English law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea . In England and Wales, the usual practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option...
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...
. The basis of this defence was his claim that he was the tool of God's will. Sutcliffe first claimed to have heard voices while working as a gravedigger, that ultimately ordered him to kill prostitutes. He claimed that the voices originated from a headstone of a deceased Polish man, Bronislaw Zapolski, and that the voices were that of God.
He also pleaded guilty to seven counts of attempted murder
Attempted murder
Attempted murder is a crime in England and Wales and Northern Ireland.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful killing and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
. The prosecution intended to accept Sutcliffe's plea after four psychiatrists diagnosed him with paranoid schizophrenia. However, the trial judge, Mr Justice Boreham, demanded an unusually detailed explanation of the prosecution reasoning. After a two-hour representation by Havers, the Attorney-General, a 90-minute lunch break and a further 40 minutes of legal discussion, he rejected the diminished responsibility plea and the expert testimonies of the four psychiatrists, insisting that the case should be dealt with by a jury. The trial proper was set to commence on 5 May 1981.
The trial lasted two weeks and despite the efforts of his counsel James Chadwin QC
James Chadwin
James Armstrong Chadwin QC was a prominent British barrister, whose cases included defending Peter Sutcliffe, the "Yorkshire Ripper"....
, Sutcliffe was found guilty of murder on all counts and sentenced to life imprisonment.
Role in the Guildford Four and Maguire Family miscarriages of justice
Havers represented the Crown in two of the most notable miscarriages of justice in British judicial history: the trial and appeal of the Guildford FourGuildford Four
The Guildford Four and the Maguire Seven were two sets of people whose convictions in English courts for the Guildford pub bombings in the 1970s were eventually quashed...
and also of the Maguire family (known as the Maguire Seven), all of whom were wrongfully convicted. Collectively, they served a total of 113 years in prison and one of the Maguire Seven, Giuseppe Conlon, died in prison, convicted on the basis of discredited forensic evidence.
In the case of the Guildford Four, the Director of Public Prosecutions was found to have suppressed alibi evidence that supported Gerry Conlon and Paul Hill’s claims of innocence. The Director of Public Prosecutions, for which Havers was acting, was also found to have suppressed confessions by Provisional IRA bombers, known as the Balcombe Street Gang that they had carried out the Guildford and Woolwich bombings.
In his submission to Sir John May's Inquiry into the Guildford and Woolwich bombings in 1989 Labour MP Chris Mullin
Chris Mullin
Chris Mullin may refer to:*Chris Mullin , English politician, journalist, and author*Chris Mullin , American basketball player...
's cast doubt on Havers’s integrity in the matter:
Sir Michael Havers represented the Crown at the trials of the Guildford Four, Mrs. Maguire and her family and at the re-trial/appeal of the Guildford Four. He is, therefore, probably the person who can lay claim to the most detailed knowledge of this affair. I respectfully submit that any inquiry that passed without the benefit of his experience would be deficient....
The only hope of sustaining the original convictions was to rewrite the script from top to bottom. This Sir Michael and his colleagues proceeded to do with ingenuity and relish.
Family
His sons are the Honourable Philip HaversPhilip Havers
The Hon. Philip Havers, QC is a leading English barrister.-Education:Havers was educated at Eton College and Corpus Christi College at the University of Cambridge, where he obtained an M.A.-Life and career:...
, QC
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...
and the actor, the Honourable Nigel Havers
Nigel Havers
Nigel Allan Havers is an English actor. He is probably best known for his BAFTA-nominated role as Lord Andrew Lindsay in the 1981 British film Chariots of Fire, and for his role as Dr. Tom Latimer in the British TV comedy series Don't Wait Up...
.
In popular culture
Havers was portrayed by Peter BlythePeter Blythe
Peter Blythe was a British character actor, best known as Samuel "Soapy Sam" Ballard on Rumpole of the Bailey.-Early life:...
in the 2002 BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
production of Ian Curteis
Ian Curteis
Ian Bayley Curteis is a British television dramatist and former television director.In a career as a television dramatist from the late 1960s onwards, Curteis wrote for many of the series of the day, including The Onedin Line and Crown Court. In 1979, two television plays by Curteis were...
's controversial The Falklands Play
The Falklands Play
The Falklands Play is a dramatic account of the political events leading up to, and including, the 1982 Falklands War. The play was written by Ian Curteis, an experienced writer who had started his television career in drama, but had increasingly come to specialise in dramatic reconstructions of...
. On an occasion when he delayed making a decision, he was the subject of one of the shortest ever letters to The Times newspaper - a letter which ran as follows:
Sir,
Michael Havers.
As ever,
.....
External links
|-|-
|-
|-