Obituary: Sheriff Principle John McInnes, one of Scotland’s leading criminal justice reformers, well known for his humanity

Sheriff Principal John McInnes was one of Scotland’s leading lawyers and criminal justice reformers. He was a distinguished sheriff for various districts in Scotland but finally acted as Sheriff Principal of South Strathclyde, Dumfries and Galloway.

It was a challenging post but McInnes carried out his duties with distinction for six years until he retired in 2006.

During his time as Sheriff Principal he chaired a committee which carried out a wide-ranging and influential study into the administration of Scottish summary justice. Its findings are still having an impact and it was praised by many observers for its practical and forthright recommendations.

McInnes was an understanding and patient sheriff in court. His calm personality was ably demonstrated in 1999 while sitting in Perth Sheriff court. The case involved an attack on a young boy who was being questioned behind a screen. McInnes took off his wig and robes and left the bench to sit beside the boy. He asked the boy, who was accompanied by a social worker, if he knew what it meant to tell the truth and to tell lies. There was a slightly nervous nod from the boy and the case proceeded in a more relaxed atmosphere.

John Colin McInnes was the son of a respected solicitor from Cupar. He attended Cargilfield prep school and then Merchiston Castle, both in Edinburgh.

He read law firstly at Brasenose College, Oxford and then at Edinburgh University. McInnes did his national service from 1956–58 with the Royal Tank Regiment, rising to the rank of 2nd Lieutenant. He retained a deep interest in, and respect for, the military through his association with the Forfar Yeomanry, Scottish Horse TA (1958–64).

McInnes was called to the Bar in 1963 and became a sheriff in 1973 – at first with Lothians and Peebles then with Tayside Central and Fife (1974–2000). He was appointed Sheriff Principal for South Strathclyde, Dumfries and Galloway in 2000 and held the post for six years. It was a demanding and challenging post and McInnes brought to it his legal expertise and keen interest in social affairs.

It was his work as chairman of the committee to reform summary criminal justice in Scotland from 2001 to 2004 for which he will be particularly remembered in legal circles. The committee’s report formed the basis of the Scottish Executive’s proposed Criminal Proceedings (Reform) Bill and introduced radical changes to the system of non-jury criminal prosecutions.

As they account for 96 per cent of all the crimes taking place in Scotland the proposals of McInnes’ independent committee had far-reaching and, at times, controversial affects on judicial proceedings. McInnes was especially concerned that those proceedings needed speeding up.

“We need to shorten the time considerably,” he said when announcing the committee’s proposals. “So that the accused appears in court within two to four weeks maximum of the date on which they were charged with the offence.” Central to the committee’s findings was a drive to reduce re-offending and make Scotland’s communities safer.

McInnes also proposed in his comprehensive and lucid report the creation of unified summary courts to replace the district courts, greater sentencing powers and more use of alternatives to court proceedings, such as police warnings and fiscal fines.

Throughout the 1960s McInnes was a law tutor at Edinburgh University and contested as a Conservative Aberdeen North in 1964.

His broad interests and agile mind ensured he was often asked to serve on public bodies. These included the Court of St Andrews University, chairman Fife Family Conciliation Services, member of the Parole Board for Scotland and president the Sheriffs’ Association.

McInnes is remembered by colleagues as “a real gentleman” and a man with a “powerful legal mind but was very natural and gracious”.

Lord Prosser, who knew McInnes both professionally and personally for many years, remembered him yesterday with a special warmth. “John was principally concerned with family law but he was equally involved in many other aspects of the profession. His active and multifarious mind always wanted to be involved in anything going on. As a lawyer, and as a man, he was humane, kindly and courteous.

“John was an excellent companion to meet socially and Fife, and his friends there, were very important to him. The Scottish legal profession will miss him.”

McInnes published several books on legal subjects. These included Divorce Law and Practise in Scotland, which was widely read within the profession and is now a standard work.

He was a keen sportsman, playing tennis and golf and skiing in the Cairngorms and abroad. While he was at the Bar McInnes co-founded Fios, which became Britain’s largest continental quilt company. He served as a director for eight years and chairman for two years before becoming a sheriff.

John McInnes married Elisabeth Neilson in 1966. She and their son and daughter survive him.

ALASDAIR STEVEN