Major
Major ( commandant in certain jurisdictions) is a military rank of commissioned officer status, with corresponding ranks existing in many military forces throughout the world. When used unhyphenated and in conjunction with no other indicato ...
Sir Thomas Chalmers Hetherington, (18 September 1926 – 28 March 2007), better known as Sir Tony Hetherington, was a British
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...
. He was
Director of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
of
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
from 1977 to 1987, and was the first head of the
Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The main responsibilities of the CPS are to provide legal advi ...
for the year after it was founded in 1986.
Early life
Hetherington was born on 18 September 1926 in
Dumfriesshire
Dumfriesshire or the County of Dumfries or Shire of Dumfries (''Siorrachd Dhùn Phris'' in Gaelic) is a historic county and registration county in southern Scotland. The Dumfries lieutenancy area covers a similar area to the historic county.
I ...
,
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
. His father was a doctor. He was educated at
Rugby School
Rugby School is a public school (English independent boarding school for pupils aged 13–18) in Rugby, Warwickshire, England.
Founded in 1567 as a free grammar school for local boys, it is one of the oldest independent schools in Britain. ...
. He read law at
Christ Church, Oxford
Christ Church ( la, Ædes Christi, the temple or house, '' ædēs'', of Christ, and thus sometimes known as "The House") is a constituent college of the University of Oxford in England. Founded in 1546 by King Henry VIII, the college is uniq ...
, graduating in 1951, and was
called to the Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1952 at the
Inner Temple
The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...
.
Career
Military career
On 5 January 1947, he was granted an emergency commission into the
Royal Regiment of Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery (RA) and colloquially known as "The Gunners", is one of two regiments that make up the artillery arm of the British Army. The Royal Regiment of Artillery comprises t ...
,
British Army
The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurkha ...
, as a
second lieutenant
Second lieutenant is a junior commissioned officer military rank in many armed forces, comparable to NATO OF-1 rank.
Australia
The rank of second lieutenant existed in the military forces of the Australian colonies and Australian Army unt ...
. He was promoted to
lieutenant
A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a commissioned officer rank in the armed forces of many nations.
The meaning of lieutenant differs in different militaries (see comparative military ranks), but it is often ...
on 11 May 1948.
He saw active service in the
Middle East
The Middle East ( ar, الشرق الأوسط, ISO 233: ) is a geopolitical region commonly encompassing Arabian Peninsula, Arabia (including the Arabian Peninsula and Bahrain), Anatolia, Asia Minor (Asian part of Turkey except Hatay Pro ...
in the aftermath of
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
.
He continued to serve in the Territorial Army until 1967, rising to the rank of
major
Major ( commandant in certain jurisdictions) is a military rank of commissioned officer status, with corresponding ranks existing in many military forces throughout the world. When used unhyphenated and in conjunction with no other indicato ...
. Battery Commander of P (7th London) Battery 254 City of London Regiment Royal Artillery (TA)
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
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
The Government Legal Department (previously called the Treasury Solicitor's Department) is the largest in-house legal organisation in the United Kingdom's Government Legal Service.
The department is headed by the Treasury Solicitor. This office go ...
in 1975.
The
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all nationa ...
Merlyn Rees
Merlyn Merlyn-Rees, Baron Merlyn-Rees, (né Merlyn Rees; 18 December 1920 – 5 January 2006) was a British Labour Party politician and Member of Parliament from 1963 until 1992. He served as Secretary of State for Northern Ireland (1974–197 ...
appointed him Director of Public Prosecutions on the retirement of Sir
Norman Skelhorn
Sir Norman John Skelhorn, KBE, QC (10 September 1909 – 28 May 1988) was an English barrister who was Director of Public Prosecutions for England and Wales from 1964 to 1977.
Early life and education
Skelhorn was born in Glossop, Derbyshire, ...
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
John Jeremy Thorpe (29 April 1929 – 4 December 2014) was a British politician who served as the Member of Parliament for North Devon from 1959 to 1979, and as leader of the Liberal Party from 1967 to 1976. In May 1979 he was tried at the ...
, who was acquitted of plotting the murder of his former homosexual lover. Hetherington became a QC and a
bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher ca ...
of Inner Temple in 1978, and he was appointed KCB in 1979. In 2017, the enquiry into child abuse was told that Hetherington had untruthfully told two newspapers that his office had never received police reports of abuse by the Liberal MP,
Sir Cyril Smith
Sir Cyril Richard Smith (28 June 1928 – 3 September 2010) was a prominent British politician who after his death was revealed to have been a prolific serial sex offender against children. A member of the Liberal Party, he was Member of ...
.BBC News Site /ref>
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
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Inno ...
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
The police are a Law enforcement organization, constituted body of Law enforcement officer, persons empowered by a State (polity), state, with the aim to law enforcement, enforce the law, to ensure the safety, health and possessions of citize ...
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
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise ...
(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.
Later life
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
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
," 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
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 ...
, which was passed over objections of the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
using the
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(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.
...
.
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.
The Times
''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' ( ...
The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally.
It was f ...
The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers '' The Observer'' and '' The Guardian Weekly'', ''The Guardian'' is part of the ...
The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publish ...