Compass Chambers

Jamie Gilchrist QC

GENERAL INFORMATION:

1980 MA (Cantab)
1983 LLB, DipLP (Edin)
1994 Called to Scottish Bar
1999-2001: Advocate Depute
2006 Appointed Part-Time Sheriff

He called to the Bar in 1994 having previously been a solicitor in private practice for nearly 10 years. Highly regarded as an experienced, reliable and user-friendly advocate, according to the Legal 500 he "thinks outside the box and turns his hand to anything" and is "developing a very solid following".

PRACTICE:

Principal Areas of Practice:

• Health & Safety Crime
• Regulatory Crime
• Commercial Fraud

Health and Safety Crime:

Jamie has been extensively instructed in Health & Safety prosecutions covering a wide range of subject matters including construction, manufacturing, offshore oil & gas, health, catering and local authority functions.  He has considerable experience of representing corporate and institutional clients including Shell UK, Phillips Petroleum, Macdonald Hotels, City of Edinburgh Council, Parks of Hamilton and Grampian Healthcare NHS Trust.  He has also successfully defended company directors charged with contraventions of s.37 of the Health & Safety at Work Act 1974.

Regulatory Crime: 

Jamie has considerable experience in the representation of individual and corporate clients in relation to all aspects of regulatory crime, including:

• Prosecutions involving breaches of internet related legislation;
• Prosecutions under the Data Protection Acts;
• Prosecutions involving breaches of Firearms Acts; and
• Prosecutions under Road Traffic legislation; and in particular offences resulting in fatal accident and tachograph/drivers hours prosecutions;

Commercial Fraud:

Jamie has considerable experience in both the prosecution and defence in the High Court of allegations of commercial fraud: in particular in relation to VAT, excise duty evasion & insurance fraud.

REPRESENTATIVE CASES:

• 2002: R v HMA [2002] UKPC D3 - Human rights (Privy Council): act of the Lord Advocate etc
• 2003:Yates v Murray 2003 SCCR 727 - Road Traffic: "road or public place"
• 2003: Gillespie v HMA 2003 SCCR 82 - Human Rights: remedy for delay
• 2003: HMA v Morren & others - Excise duty fraud, human rights (delay)
• 2004: Ballantyne v Frame 2004 SCCR 214 - Road Traffic: racing
• 2004: PF Alloa v Inveresk plc & others - Health & Safety: director's s.37 liability, HSWA s.4, Provision & Use of Work Equipment Regulations etc
• 2004: HMA v Shell UK & others - Health & Safety: HSWA s.2 & s.3
• 2005: HMA v Riverside Construction Ltd & others - Health & Safety: director's s.37 liability, HSWA s.3
• 2005: HMA v McMahon & another - VAT fraud
• 2006: PF Edinburgh v City of Edinburgh Council - Health & Safety: Management of Health & Safety at Work Regulations, HSWA s.3
• 2006: HMA v Cook - Commercial fraud & confiscation proceedings

ACADEMIC & OTHER

Jamie teaches advocacy skills as an instructor on the Faculty of Advocates foundation course for new advocates. Previously taught criminal court advocacy & pleading to diploma students at the University of Edinburgh.

He has extensive experience of handling cases involving children & vulnerable witnesses, and gave evidence on behalf of the Faculty of Advocates to the Justice 2 Committee of the Scottish Parliament in relation to the introduction of the Vulnerable Witnesses Bill. He was a member of the Scottish Executive Steering Group overseeing the introduction of the Witness Service into the High Court of Justiciary in 2003.

He sits regularly as a part-time Sheriff in courts throughout Scotland.

PROFESSIONAL MEMBERSHIPS:

• Health & Safety Law Association
• Faculty of Advocates Criminal Bar Association

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