THE UK Government’s top legal adviser on Scotland has denied professional misconduct after being convicted of a firearms offence.
Lord Richard Keen QC, the Advocate General for Scotland, faces allegations of behaving in a way that was “likely to diminish the trust and confidence which the public places in a barrister or in the profession”.
The professional charge follows his £1,000 fine in 2017 after pleading guilty to failing to secure a shotgun for which he held a valid licence.
The offence came to light after police checked his home in Edinburgh after reports of a suspected burglary while Lord Keen and his wife were on holiday and found an unsecured 12-gauge in a bag in a cupboard in the basement.
Appearing at a Bar Tribunals and Adjudication Service (BTAS) hearing on Tuesday, Lord Keen denied professional misconduct.
Tom Forster QC, representing the Bar Standards Board, said Lord Keen had failed in a core duty of being a barrister by being convicted of the criminal offence which carries a maximum jail sentence of six months.
He said: “I submit, and it brings me no great pleasure to do so, that Lord Keen did breach the core duty.
“First, it is plain that breach of a condition of a shotgun certificate is not a minor criminal offence.
“It may not be a serious criminal conviction but that is not to say it is a minor criminal offence.”
Mr Forster said the allegation was not about Lord Keen’s integrity or honesty but his “carelessness” with the shotgun which put the public at risk.
“The gun was being kept in a residential property in an urban area therefore there was a heightened obligation to Lord Keen to ensure it was kept securely,” he said.
The tribunal heard Lord Keen had used the shotgun on 27 December 2016, then forgot to return it to a locked safe before going on holiday.
Lord Keen was accused of having a “lacking attitude” to gun safety.
Mr Forster argued any burglars could have accessed the weapon.
“I don’t say there is any moral turpitude attached to this misconduct,” Mr Forster said, but added the excuse of forgetfulness “simply just won’t do in these circumstances”.
A former chair of the Scottish Tories who became Advocate General and a life peer in 2015, Lord |Keen alst month represented the UK Government at the Supreme Court over the prorogation of Parliament.
He is also the Ministry of Justice spokesperson for the Lords.
However it was said that Lord Keen is held by the same standards as all members of the Bar Standards Board.
Mr Forster continued: “It’s a factor who he is but that does not mean he is treated differently than any other barrister.
“He can’t be held to a higher standard than anyone else who is a member of the bar of England and Wales.”
Mr Forster continued: “It’s a factor who he is but that does not mean he is treated differently than any other barrister.
“He can’t be held to a higher standard than anyone else who is a member of the bar of England and Wales.”
Tom Richards, representing Lord Keen, said the crime did not amount to professional misconduct and was not a serious offence.
He said: “Lord Keen takes full responsibility for his offence. A one-off and inadvertent omission to lock the shotgun in his shotgun cabinet.
“He has apologised for his offence. He has pleaded guilty and he has been appropriately punished.”
Mr Richards said it did not undermine trust in barristers and was not deliberate or reckless.
He highlighted that Lord Keen’s shotgun licence was renewed by police three months after his conviction for breaching the terms of the licence.
Mr Richards added that the gun was inside Lord Keen’s locked and alarmed house, minimising any potential risk to the public.
“It was a one-off lapse at the lower end of the spectrum of (firearms) offences and was not a serious offence,” he said. He should not have forgotten, but he forgot.”
Mr Richards concluded that Lord Keen’s crime did not “disgrace” the profession so it could not be professional misconduct.
“There is simply no way Lord Keen’s offence could meet that regulatory threshold,” he said.
The tribunal continues.
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