Major
Major most commonly refers to:
* Major (rank), a military rank
* Academic major, an academic discipline to which an undergraduate student formally commits
* People named Major, including given names, surnames, nicknames
* Major and minor in musi ...
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 jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
. He was
Director of Public Prosecutions of
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
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 adv ...
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 () is a Counties of Scotland, historic county and registration county in southern Scotland. The Dumfries lieutenancy areas of Scotland, lieutenancy area covers a similar area to the hi ...
,
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
.
His father was a doctor.
He was educated at
Rugby School. He read law at
Christ Church, Oxford
Christ Church (, the temple or house, ''wikt:aedes, ædes'', of Christ, and thus sometimes known as "The House") is a Colleges of the University of Oxford, constituent college of the University of Oxford in England. Founded in 1546 by Henry V ...
, 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 association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...
.
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 Army, land warfare force of the United Kingdom. the British Army comprises 73,847 regular full-time personnel, 4,127 Brigade of Gurkhas, Gurkhas, 25,742 Army Reserve (United Kingdom), volunteer reserve perso ...
, as a
second lieutenant.
He was promoted to
lieutenant
A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a Junior officer, junior commissioned officer rank in the armed forces of many nations, as well as fire services, emergency medical services, Security agency, security services ...
on 11 May 1948.
He saw active service in the
Middle East
The Middle East (term originally coined in English language) is a geopolitical region encompassing the Arabian Peninsula, the Levant, Turkey, Egypt, Iran, and Iraq.
The term came into widespread usage by the United Kingdom and western Eur ...
in the aftermath of
World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
.
He continued to serve in the
Territorial Army until 1967, rising to the rank of
major
Major most commonly refers to:
* Major (rank), a military rank
* Academic major, an academic discipline to which an undergraduate student formally commits
* People named Major, including given names, surnames, nicknames
* Major and minor in musi ...
. Battery Commander of P (7th London) Battery 254 City of London Regiment Royal Artillery (TA)
Legal career
He joined the
government legal service, in the legal department of the
Ministry of Pensions and National Insurance
Ministry may refer to:
Government
* Ministry (collective executive), the complete body of government ministers under the leadership of a prime minister
* Ministry (government department), a department of a government
Religion
* Christian mi ...
. He became part of the legal team supporting the
Attorney-General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
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 Profession.
The department is headed by the Treasury Solicitor (formall ...
in 1975.
The
Home Secretary
The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...
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 (1974–1 ...
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
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 c ...
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.
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 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
A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...
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 Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
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 (c. 60) (PACE) 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 of t ...
(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 criminal
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s 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 (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
," 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
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
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.
References
External links
Obituary
''The Times
''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'', 30 March 2007
Obituary
''The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a British daily broadsheet conservative newspaper published in London by Telegraph Media Group and distributed in the United Kingdom and internationally. It was found ...
'', 30 March 2007
Obituary
''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'', 2 April 2007
Obituary
''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 publis ...
'', 6 April 2007]
{{DEFAULTSORT:Hetherington, Thomas
1926 births
2007 deaths
Members of the Inner Temple
British barristers
Commanders of the Order of the British Empire
Knights Commander of the Order of the Bath
Lawyers awarded knighthoods
People educated at Rugby School
British King's Counsel
Alumni of Christ Church, Oxford
People from Dumfries and Galloway
Deaths from motor neuron disease in the United Kingdom
Royal Artillery officers
Directors of Public Prosecutions (England and Wales)
20th-century English lawyers
20th-century British Army personnel