Thomas Hetherington
Encyclopedia
Major
Sir Thomas Chalmers Hetherington, KCB
, CBE
, QC
, TD
(18 September 1926 - 28 March 2007), better known as Sir Tony Hetherington, was a British
barrister
. He was Director of Public Prosecutions
of England and Wales
from 1977 to 1987, and was the first head of the Crown Prosecution Service
for the year after it was founded in 1986.
Hetherington was born in Dumfriesshire
, Scotland
. His father was a doctor. After being educated at Rugby School
, he served for three years in the Royal Artillery
in the Middle East
. He continued to serve in the Territorial Army until 1967, rising to the rank of major
. He read law at Christ Church, Oxford
, graduating in 1951, and was called to the Bar in 1952 at the Inner Temple
. He joined the government legal service
, in the legal department of the Ministry of Pensions and National Insurance
.
He became part of the legal team supporting the Attorney-General and the Solicitor General
in 1962. He was head of the permanent legal staff of the Law Officers from 1966 to 1976. He was appointed CBE
in 1970, and became Deputy Treasury Solicitor in 1975.
The Home Secretary
Merlyn Rees appointed him Director of Public Prosecutions on the retirement of Sir Norman Skelhorn
in 1977, with a brief to reduce delays in the criminal legal system. Soon after taking office, he took the decision to prosecute Jeremy Thorpe
, who was acquitted of plotting the murder of his former homosexual lover. Hetherington became a QC
and a bencher
of Inner Temple in 1978, and he was appointed KCB in 1979.
The later years of his service were dominated by wide-ranging changes to the criminal legal system in the UK. A perceived miscarriage of justice
after the murder of male prostitute Maxwell Confait, and a subsequent critical report by the retired High Court judge
Sir Henry Fisher in 1977, led to a Royal Commission
on Criminal Procedure chaired by Sir Cyril Philips, which reported in 1981. The Royal Commission recommended changes to the investigation and prosecution of criminal offences, and that the decision to prosecute should be taken out of the hands of the police
and given to an independent body in charge of Crown prosecutions. The government accepted the report. After consultation, the Police and Criminal Evidence Act 1984
(PACE) was enacted to formalise the existing Judges Rules, and the Crown Prosecution Service was created in 1986 under the terms of the Prosecution of Offences Act 1985, with Hetherington as its first head until he retired in 1987.
In 1989, shortly after his retirement, he co-wrote the Hetherington-Chalmers Report with former Scottish Crown agent
William Chalmers, which examined ways to prosecute suspected war criminals living in Britain for "crimes of murder, manslaughter or genocide committed in Germany and in territories occupied by German forces during the Second World War," over which British courts did not then have jurisdiction. The report followed a 15-month inquiry in which allegations against 301 suspects were investigated. The report's recommendations led two years later to the War Crimes Act 1991
, which was passed over objections of the House of Lords
using the Parliament Acts 1911 and 1949
.
He suffered from a degenerative neurological illness in later life. He was survived by his wife, the former June Catliff, whom he married in 1953, and their four daughters.
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Sir Thomas Chalmers Hetherington, KCB
Order of the Bath
The Most Honourable Order of the Bath is a British order of chivalry founded by George I on 18 May 1725. The name derives from the elaborate mediæval ceremony for creating a knight, which involved bathing as one of its elements. The knights so created were known as Knights of the Bath...
, CBE
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
, 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...
, TD
Territorial Decoration
The Territorial Decoration was a medal of the United Kingdom awarded for long service in the Territorial Force and its successor, the Territorial Army...
(18 September 1926 - 28 March 2007), better known as Sir Tony Hetherington, 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
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...
. He 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...
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...
from 1977 to 1987, and was the first 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...
for the year after it was founded in 1986.
Hetherington was born in Dumfriesshire
Dumfriesshire
Dumfriesshire or the County of Dumfries is a registration county of Scotland. The lieutenancy area of Dumfries has similar boundaries.Until 1975 it was a county. Its county town was Dumfries...
, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. His father was a doctor. After being educated at Rugby School
Rugby School
Rugby School is a co-educational day and boarding school located in the town of Rugby, Warwickshire, England. It is one of the oldest independent schools in Britain.-History:...
, he served for three years in the Royal Artillery
Royal Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery , is the artillery arm of the British Army. Despite its name, it comprises a number of regiments.-History:...
in 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...
. He continued to serve in the Territorial Army until 1967, rising to the rank of major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
. He read law at Christ Church, Oxford
Christ Church, Oxford
Christ Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
, graduating in 1951, and was called to the Bar in 1952 at 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...
. He joined the government legal service
Government Legal Service
The Government Legal Service is an umbrella group comprising around 1900 qualified lawyers working as civil servants in around thirty UK Government departments....
, in the legal department of the Ministry of Pensions and National Insurance
Ministry of Pensions and National Insurance
The Ministry of Pensions and National Insurance or MPNI was a British government ministry responsible for the administration and delivery of welfare benefits...
.
He became part of the legal team supporting the Attorney-General and the 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...
in 1962. He was head of the permanent legal staff of the Law Officers from 1966 to 1976. He was appointed 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...
in 1970, and became Deputy Treasury Solicitor in 1975.
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...
Merlyn Rees appointed him Director of Public Prosecutions on the retirement of Sir Norman Skelhorn
Norman Skelhorn
Sir Norman Skelhorn KBE QC was the Director of Public Prosecutions for England and Wales from 1964 to 1977.. The son of a clergyman, he was educated at Shrewsbury School. He was called to the Bar in 1931...
in 1977, with a brief to reduce delays in the criminal legal system. Soon after taking office, he took the decision to prosecute Jeremy Thorpe
Jeremy Thorpe
John Jeremy Thorpe is a British former politician who was leader of the Liberal Party from 1967 to 1976 and was the Member of Parliament for North Devon from 1959 to 1979. His political career was damaged when an acquaintance, Norman Scott, claimed to have had a love affair with Thorpe at a time...
, who was acquitted of plotting the murder of his former homosexual lover. Hetherington became a 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 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 Inner Temple in 1978, and he was appointed KCB in 1979.
The later years of his service were dominated by wide-ranging changes to the criminal legal system in the UK. A perceived miscarriage of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
after the murder of male prostitute Maxwell Confait, and a subsequent critical report by the retired High Court judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
Sir Henry Fisher in 1977, led to a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
on Criminal Procedure chaired by Sir Cyril Philips, which reported in 1981. The Royal Commission recommended changes to the investigation and prosecution of criminal offences, and that the decision to prosecute should be taken out of the hands of the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
and given to an independent body in charge of Crown prosecutions. The government accepted the report. After consultation, the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
(PACE) was enacted to formalise the existing Judges Rules, and the Crown Prosecution Service was created in 1986 under the terms of the Prosecution of Offences Act 1985, with Hetherington as its first head until he retired in 1987.
In 1989, shortly after his retirement, he co-wrote the Hetherington-Chalmers Report with former Scottish Crown agent
Crown Agent
Crown Agent may refer to:*The Crown Agent, principal legal advisor to the Scottish Lord Advocate on prosecution matters*A member of a Crown Agency...
William Chalmers, which examined ways to prosecute suspected war criminals living in Britain for "crimes of murder, manslaughter or genocide committed in Germany and in territories occupied by German forces during the Second World War," over which British courts did not then have jurisdiction. The report followed a 15-month inquiry in which allegations against 301 suspects were investigated. The report's recommendations led two years later to the War Crimes Act 1991
War Crimes Act 1991
The War Crimes Act 1991 is an Act of the Parliament of the United Kingdom. It confers jurisdiction on courts in the United Kingdom to try people for war crimes committed in Nazi Germany or German-occupied territory during the Second World War by people who were not British citizens at the time, but...
, which was passed over objections of 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....
using the Parliament Acts 1911 and 1949
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
.
He suffered from a degenerative neurological illness in later life. He was survived by his wife, the former June Catliff, whom he married in 1953, and their four daughters.