Robert Smith Johnston, Lord Kincraig

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Lord Kincraig
Senator of the College of Justice
In office
1972–1987
MonarchElizabeth II
Personal details
Born
Robert Smith Johnston

(1918-10-10)10 October 1918
Edinburgh
Died19 September 2004(2004-09-19) (aged 85)
Edinburgh
ResidenceEdinburgh
Alma materSt John's College, Cambridge; University of Glasgow
ProfessionAdvocate

Hon. Lord (Robert Smith Johnston) Kincraig (10 October 1918 – 19 September 2004) was a Senator of the College of Justice in Scotland from 1972 to 1987 and chairman of the Parole Review Body for Scotland, 1988.[1]

Early life[edit]

Robert Smith Johnston was educated at Strathallan School in Perthshire. He graduated from St John's College, Cambridge in 1939 and from the University of Glasgow in 1942.[2] Owing to a medical condition, he was considered unfit for military service at the beginning of the Second World War, so he continued his studies and began his legal career during those years.[2]

Career[edit]

Johnston was admitted to the Faculty of Advocates in 1942 and quickly established a substantial and varied practice which he developed during the forties and fifties.[2] He served as an Advocate Depute from 1953 to 1955 to the Crown Office and became a King's Counsel (Scotland) in 1955.[3]

In 1959, he unsuccessfully contested the Stirling and Falkirk burghs constituency in the general election as a Unionist candidate.[1] He served as Home Advocate Depute between 1959 and 1962 and as the Sheriff-Depute of Roxburgh, Berwick and Selkirk from 1964 to 1970.[1] In 1970, he was elected Dean of the Faculty of Advocates, a post which he held until 1972. He misdirected the jury in the Ice Cream Van murders trial of Campbell and Steele, who were later freed on appeal.[1]

Johnston was appointed to the benches of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts in 1972 as a Senator of the College of Justice with the judicial title, Lord Kincraig and remained on the bench until 1987.[1]

In 1988, he was appointed by the government to chair a committee on the general question of the early release of prisoners and the parole system in general as a consequence of rioting in UK prisons.[2] A similar committee was established in England chaired by Lord Carlisle.[2] The government accepted most of the recommendations; in 1993, legislation was introduced[4] on the automatic early release of short-term prisoners, subject to recall if reoffending, and a revised parole system.[2]

See also[edit]

References[edit]

  1. ^ a b c d e "Robert Smith Johnston, Lord Kincraig". Frost's Scottish Who's Who - Martin Frost. Retrieved 8 November 2012.[permanent dead link]
  2. ^ a b c d e f "Lord Kincraig". The Scotsman. 5 October 2004. Retrieved 8 November 2012.
  3. ^ "Kincraig, Hon. Lord". Who's Who & Who Was Who. Vol. 2016 (November 2015 online ed.). A & C Black. Retrieved 6 April 2016. (Subscription or UK public library membership required.)
  4. ^ The Prisoners and Criminal Proceedings (Scotland) Act 1993.