Remit and terms of reference
The Death by Driving Working Group Committee will support the Scottish Sentencing Council in its preparation of a sentencing guideline on death by driving offences.
The Committee will oversee all aspects of the development of the guideline until submission to the High Court and will give consideration thereafter to ongoing monitoring of the guideline. The Council will specify the expected lifetime of the committee. This may be reviewed and, if appropriate, amended by the Council during the committee’s lifetime. The Committee’s work will include, in particular:
- making recommendations to the Council as to its scope, content and approach;
- identifying knowledge and information gaps relevant to the guideline’s development, submitting any proposals for research to the Research Committee;
- reviewing draft guidelines prepared by the Secretariat, providing advice and direction as required while having regard to any guideline methodology and drafting style agreed by the Council;
- supporting engagement with relevant stakeholders at all stages of the guideline’s development; and
- overseeing the judicial and public consultation process, including the preparation of consultation documents and impact assessments.
The Committee will report regularly to the Council on the progress of guideline development, making recommendations and, where appropriate, referring significant or potentially controversial decisions to the Council.
David is the Council's prosecutor member.
David is a Solicitor Advocate and joined the Crown Office and Procurator Fiscal Service, following a spell in private practice, in 1996. He worked as a Procurator Fiscal Depute in Paisley until 1999, when he was seconded to the Lockerbie criminal trial team until after the trial, when he was promoted to Principal Depute, Aberdeen.
He was seconded to the Foreign and Commonwealth Office between 2001 and 2004, when he returned to Crown Office as Deputy, then Head of the National Casework Division with responsibility for Organised Crime, Financial Crime and Proceeds of Crime cases throughout Scotland.
In 2008, David was promoted to District Procurator Fiscal, Edinburgh and East Lothian. In August 2010, he was appointed as Area Procurator Fiscal for Central. In May 2011, he was appointed Interim Head of East Federation. He was promoted to Director of Serious Casework and Procurator Fiscal North of Scotland in July 2011. He took up post as Procurator Fiscal for the West of Scotland in April 2014. He was promoted to Crown Agent in April 2016.
Sheriff Norman McFadyen
Sheriff McFadyen is the Council's sheriff member.
Sheriff Norman McFadyen was appointed as a Sheriff in South Strathclyde, Dumfries, and Galloway, Scotland in 2010 and transferred to Lothian and Borders at Edinburgh in 2015. He has extensive experience of criminal trials and sentencing. He studied law at the University of Glasgow and joined the Crown Office and Procurator Fiscal Service as an apprentice solicitor in 1976, qualifying in 1978 and then undertaking a number of prosecution roles, rising to be Crown Agent and Chief Executive, the permanent head of the prosecution service in Scotland, in 2004.
Sheriff McFadyen is a board member of the International Society for Reform of Criminal Law and was a member of the reference group for the Criminal Justice System Objectives Review and the policy groups for the Civil Courts Review, chaired by the Rt Hon Lord Gill and, more recently, the Post-Corroboration Safeguards Review, chaired by the Rt Hon Lord Bonomy. He has lectured to a wide variety of audiences on criminal justice themes, including sentencing, nationally and internationally.
Professor Neil Hutton
Professor Hutton is a lay member of the Council.
Professor Hutton was educated at the University of Edinburgh (MA 1976, PhD 1983) and has worked at the universities of Edinburgh, Dundee and Victoria University, New Zealand. He was appointed as a lecturer in the Law School at Strathclyde in 1990, became a Professor in 2001, and was Dean of the Faculty of Law, Arts and Social Sciences from 2005-2009.
He was a member of the team which designed a Sentencing Information System for the High Court between 1993 and 2002 and was a member of the Sentencing Commission for Scotland between 2003 and 2006. He has published widely on sentencing and punishment and has been invited to speak in a number of international jurisdictions including Singapore, China, Australia and the USA.