Frank Mulholland, Lord Mulholland, Scottish judge, former Solicitor General for Scotland and Lord Advocate

Francis Mulholland, Lord Mulholland, born on 18 April 1959, stands as a distinguished figure in the Scottish legal landscape. Currently serving with considerable prestige as a Senator of the College of Justice since 2016, his career reflects a journey marked by groundbreaking appointments and significant contributions to public law in Scotland.

Before his elevation to the judiciary, Lord Mulholland held two of the most critical legal offices in the country. From 2011 to 2016, he served as the Lord Advocate, a role of immense historical and constitutional importance. As one of the ancient Great Officers of State of Scotland, the Lord Advocate acts as the country's chief public prosecutor and principal legal adviser to the Scottish Government. Prior to this, he also served as Solicitor General for Scotland, the junior Law Officer, assisting the Lord Advocate in their extensive duties.

Lord Mulholland's path to these eminent positions was notably unconventional, setting a precedent in Scottish legal practice. He was the first individual to be appointed as an Advocate Depute and subsequently a Senior Advocate Depute directly from within the Procurator Fiscal Service. This was a significant departure from tradition, as these roles were typically filled by members of the independent Scottish Bar (advocates). His appointment as Lord Advocate further underscored his unique trajectory, making him only the second "non-advocate" to hold the country's chief legal office; his predecessor, Elish Angiolini, was the first. This demonstrated a recognition of his profound expertise and leadership developed within the public prosecution service itself.

His judicial career commenced with a three-month stint as a temporary judge, before he was formally installed as a Senator of the College of Justice in December 2016. In this capacity, he now sits as a judge of Scotland's supreme civil court (the Court of Session) and supreme criminal court (the High Court of Justiciary, also known as the High Court of Justiciary), presiding over a wide array of complex cases.

Throughout his extensive career as a prosecutor, Lord Mulholland was at the forefront of several high-profile and landmark legal proceedings:

• In 2004, he appeared for the Crown in the appeals related to the notorious Glasgow Ice Cream Wars. These cases, involving serious criminal activity linked to ice cream van routes, had gripped public attention for decades and represented a complex chapter in Scottish criminal justice.
• A year later, in 2005, he prosecuted the landmark case of HM Advocate v Transco. This was a historically significant prosecution, marking the first time a public limited company in Scotland faced charges for culpable homicide – a legal milestone that emphasized corporate accountability for fatal negligence.
• He also oversaw the prosecution of the infamous 2007 World's End murder trial. This high-profile case, concerning the unsolved murders of two teenage girls in Edinburgh in the late 1970s, unfortunately collapsed due to insufficient evidence. Its collapse led to a notable public dispute between the then Lord Advocate, Elish Angiolini, and the Lord Justice General, Lord Hamilton, highlighting the intense pressures and scrutiny associated with such major criminal investigations.

Frequently Asked Questions about Lord Mulholland and Scottish Legal Roles

What is a Senator of the College of Justice?

A Senator of the College of Justice is the title given to a judge of Scotland's supreme courts. This includes judges of the Inner House and Outer House of the Court of Session (the supreme civil court) and the High Court of Justiciary (the supreme criminal court), making them High Court judges in the Scottish system.

What is the significance of the Lord Advocate's role?

The Lord Advocate is Scotland's chief public prosecutor and the principal legal adviser to the Scottish Government. It is an ancient office and one of the Great Officers of State of Scotland, wielding significant power and responsibility in criminal justice and governmental legal matters, often being a political appointment.

What is the difference between an "Advocate" and someone from the "Procurator Fiscal Service"?

In Scotland, the legal profession is often divided into two main branches. An "Advocate" is a barrister-equivalent, typically self-employed, who specializes in court appearances and providing legal opinions at the Scottish Bar. The Procurator Fiscal Service is a body of legally qualified prosecutors employed by the Crown Office and Procurator Fiscal Service (COPFS), responsible for investigating deaths and prosecuting crime in Scotland. Lord Mulholland's career path was unique in rising to top roles from the latter rather than the former.

Why was it significant that Lord Mulholland was a "non-advocate" appointed as Lord Advocate?

Traditionally, the Lord Advocate was almost exclusively appointed from the ranks of practicing Advocates, usually a senior Queen's Counsel (KC). Lord Mulholland's appointment, following his predecessor Elish Angiolini, demonstrated a shift towards recognizing exceptional legal talent and extensive experience gained within the public prosecution service itself, rather than solely from the independent bar.

What was the "HM Advocate v Transco" case about?

This landmark case in 2005 involved the prosecution of the utility company Transco for culpable homicide. It was the first time a public limited company in Scotland was prosecuted for this offence, setting a significant precedent for corporate accountability in cases where gross negligence or corporate failings lead to a death, highlighting the unique aspects of Scottish law in this area.