The Council is made up of 12 members. The categories of membership are provided for in law as follows:
- the Lord Justice Clerk (Chair)
- one first instance High Court judge
- one sheriff
- two persons holding the office of summary sheriff or justice of the peace
- one further eligible judicial member or a sheriff principal
- one prosecutor
- one advocate
- one solicitor
- one constable
- one person with knowledge of victims' issues
- one other person who is not qualified as a judicial or legal member.
The Rt. Hon. Lady Dorrian, the Lord Justice Clerk
The Chair of the Scottish Sentencing Council is the Lord Justice Clerk, by virtue of the office.
The Rt. Hon. Lady Dorrian was appointed as a judge of the Supreme Courts in 2005, having served as a temporary judge since 2002. She was appointed to the Inner House in November 2012. She is a graduate of the University of Aberdeen and was admitted to the Faculty of Advocates in 1981 before becoming Standing Junior Counsel to the Health and Safety Executive and Commission between 1987 and 1994. She served as Advocate Depute between 1988 and 1991, and as Standing Junior to the Department of Energy between 1991 and 1994. In 1994, she was also appointed Queen's Counsel. Between 1997 and 2001 she was a member of the Criminal Injuries Compensation Board.
Lady Dorrian was installed as the Lord Justice Clerk on 26 April 2016 and by virtue of the office became Chair of the Council on this date. The Lord Justice Clerk also holds the office of President of the Second Division of the Inner House of the Court of Session.
The Rt. Hon. Lord Turnbull
Lord Turnbull will hold office until 18 October 2020.
Lord Turnbull is a High Court judge. He was appointed as a judge of the Supreme Courts in 2006 and was appointed to the Inner House of the Court of Session on 1 September, 2016. Prior to his appointment to the Inner House, he was the Lead Preliminary Hearings Judge and Administrative Judge for First Instance Criminal Cases in the High Court.
He was admitted to the Faculty of Advocates in 1982 and took silk in 1996. He was mainly instructed as defence counsel in criminal cases until serving as an Advocate Depute from 1995 and as Principal Advocate Depute from 2001. He was one of two senior crown counsel in the Lockerbie bombing trial.
Lord Turnbull was a judicial member of the Parole Board for Scotland from 2011-2015.
Sheriff Principal Ian R. Abercrombie QC
Sheriff Principal member
Sheriff Principal Abercrombie will hold office until 18 October 2020.
Sheriff Principal Abercrombie graduated with an LLB Hons from Edinburgh University in 1978 and was admitted to the Faculty of Advocates in 1981. He was a Curator of the Faculty Library (1981-1983), on the Institute of Chartered Accountants of Scotland's Disciplinary Committee (1996-2009) and a member of the Scottish Law Commission Advisory Group (2000-2003). He was appointed Queen's Counsel in 1993 and sheriff in 2009, before taking up his appointment as Sheriff Principal of South Strathclyde, Dumfries and Galloway in 2015. He is currently a judicial member of the Scottish Civil Justice Council.
Sheriff Norman McFadyen
Sheriff McFadyen will hold office until 18 October 2020.
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.
Summary Sheriff Jillian Martin-Brown
Summary Sheriff member
Summary Sheriff Martin-Brown will hold office until 5 June 2023.
Jillian Martin-Brown was appointed as a summary sheriff in Tayside, Central and Fife in 2016. She has particular responsibility for the Problem Solving Court in Forfar. Prior to her appointment, she was a solicitor in private practice, representing the Scottish Prison Service at fatal accident inquiries throughout Scotland. She later worked as an advocate, developing particular expertise in the fields of personal injury and medical negligence. She was appointed as Standing Junior Counsel to the Scottish Government and served as an ad-hoc Advocate Depute for the prosecution service.
Susan Fallone JP
Justice of the peace member
Susan will hold office until December 2023.
Susan Fallone has been a JP in Edinburgh since 2013. She is legally qualified and presently works as a civil litigation solicitor. In addition, she is a supervisor in the Law Clinic at the University of Strathclyde, where she provides supervision and teaching for law students to give advice and representation to members of the public who cannot access legal services; and supervises the Criminal Convictions Unit, which provides assistance to those who claim to have been wrongly convicted. She has been a member of the Safeguarders Panel since 2013, and acts as a curator ad litem and reporting officer in Edinburgh.
Susan has an extensive range of experience within the legal system, having previously worked within the areas of criminal defence, family, and housing law; for law centres; for local authorities; and as an in-court advisor. She sat on children’s hearings from 1995-2001. As well as her legal qualifications – LLB, LLM, and the Diploma in Legal Practice – she has an MA in social science.
David Harvie, Crown Agent for Scotland
David will hold office until 30 August 2021.
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 PF North of Scotland in July 2011. He took up post as PF for the West of Scotland in April 2014. He was promoted to Crown Agent in April 2016.
Stephen O'Rourke QC
Stephen will hold office until 18 October 2019.
Stephen was called to the Bar in Scotland in 2002, served as an Advocate Depute from 2010 to 2013 and is currently a Standing Junior to the Advocate General for Scotland. He was appointed Queen's Counsel in 2017. He has a mixed criminal and civil practice which has included many appearances in the Criminal Appeal Court in conviction and sentencing matters acting for both the Crown and individual appellants. He has a strong interest in sentencing reform within the context of Scotland's new appellate structures. He studied at Edinburgh University where he obtained a First in Scots Law in 1998.
Krista will hold office until December 2023
Krista Johnston is a graduate of law from Edinburgh University. She joined More and Co, Dunfermline, in 1992, specialising in criminal defence work. Along with others she founded the firm of Martin, Johnston and Socha in 1998. Her firm continues to concentrate exclusively on criminal defence work and has expanded to include offices in Dunfermline, Kirkcaldy and Alloa.
In 2007 Krista became a solicitor advocate in the field of crime and has since enjoyed instruction from a number of solicitor firms across Scotland. She appears regularly in the High Court conducting criminal trials, and also appears in the appellate courts.
Krista is a member of the Society of Solicitor Advocates and Fortis Chambers.
Chief Constable Iain Livingstone
Iain will hold office until 30 November 2019.
Chief Constable Iain Livingstone graduated in law from the Universities of Aberdeen and Strathclyde. He worked as a solicitor in Glasgow, Edinburgh and London before joining Lothian and Borders Police in 1992. Iain served in Edinburgh and West Lothian as a patrol officer and detective and at HQ as Head of CID and Assistant Chief Constable Crime. He has commanded many serious crime investigations and major events.
He was appointed Deputy Chief Constable, Crime and Operations, for Police Scotland in 2012. In this role Iain headed national specialist policing capabilities, such as homicide, organised crime, counter terrorism, public protection, firearms and road policing.
Iain has studied in New York as a Fulbright Scholar and undertaken external attachments to the Police Ombudsman for Northern Ireland as a senior investigator and to Her Majesty's Inspectorate of Constabulary. Working across the justice sector, he currently sits on the Scottish Sentencing Council and was a member of Lord Bonomy's review of corroboration.
He has been awarded the Queen’s Police Medal and in August 2018 was appointed Chief Constable of Police Scotland.
Sue will hold office until 18 October 2020.
Sue Moody was the first Director of Victim Support Scotland and also the first Director of Victim Information and Advice (part of the Crown Office and Procurator Fiscal Service). As senior lecturer in the Law Faculty at Dundee University she undertook research on crime victims. Her most recent post before retirement in March 2015 was with the Survivor Scotland team at the Scottish Government, supporting survivors of abuse in care as children.
Sue is currently a board member of the Howard League Scotland. She also chairs a new charitable trust, McManus 168, promoting the work of the McManus Art Gallery and Museum in Dundee.
Professor Neil Hutton
Neil will hold office until 18 October 2019.
Neil 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.