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Practice Manager
Banny Mackinnon

Deputy
Angela Bath

Mackinnon Advocates,
Glasgow High Court,
1 Mart Street,
Saltmarket,
Glasgow.
G1 5NA.

Stable: 0141 553 4890
Fax: 0141 553 2759
Email: MacKinnon Advocates

DX: DX 501555, SALTMARKET
LP: LP2 GLASGOW 14

James MacDonald

Areas of Practice
Building and Construction Law
Criminal Trial
Employment Law
Family Law
Fatal Accident Inquiries
Health & Safety
Immigration
Media
Mental Health
Public Law
Year of Call
2005

Profile

The main areas of work which James engages in are as follows:

Criminal: Trials, including regulatory crime, fraud, human rights, confiscation cases, mental health issues including insanity and diminished responsibility, environmental and health and safety prosecutions, together with the Criminal Appeal Court.

Media: Extensively involved in providing advice to a national daily newspaper on defamation and contempt of court issues.

Employment: Constructive and unfair dismissal, redundancy, unlawful deduction of wages, breach of contract, and discrimination cases. He appears regularly for both Claimants and Respondents.

Prior to calling at the Bar, James was a solicitor specialising in litigation for 12 years, latterly at partner level. In addition, following grants of extended rights of audience before the criminal and civil courts in 2002 and 2003 respectively, he was only the third solicitor ever to hold full extended rights of audience before the Scottish Supreme Courts


Cases, trials, inquiries

George Burns v HM Advocate 2010 SC (PC) 26

A case decided by the Judicial Committee of the Privy Council concerning the Article 6 rights of an accused person to a fair trial within a reasonable time. The issue was whether arrest and initial questioning by English police officers some 10 months before proceedings were initiated against the Accused in Scotland, was sufficient to amount to a "charge" for the purposes of Article 6. The JCPC held that it did.

HM Advocate v Duncan McLean 2010 SLT 73

A decision of a bench of 7 judges on the first case in Scotland on the issue of whether a suspect ought to have access to a lawyer when in police custody under Article 6 of ECHR. This case was the forerunner to the case of Cadder which ultimately overruled the decision of the Court in McLean.

RM v HM Advocate (no 1) 2012 SCCR 691

A case in which the Appeal Court considered circumstances in which it would be entitled to reject a Reference by the Scottish Criminal Cases Review Commission. In so doing, it held that the Commission had important safeguards of its own in considering whether to make a Reference to the Court, and that a Reference should only be rejected where the Commission has demonstrably failed in its task.

Appointments
Ad-hoc Advocate Depute;

Tutor in Criminal Advocacy and Pleading, Glasgow Graduate School of Law

Mackinnon Advocates,
Glasgow High Court,
1 Mart Street,
Saltmarket,
Glasgow.
G1 5NA
Stable: 0141 553 4890
Fax: 0141 553 2759
Email: MacKinnon Advocates

DX: DX 501555, SALTMARKET
LP: LP2 GLASGOW 14



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