Joanna Cherry KC called to the bar in 1995 and took silk in 2009. Joanna has established herself as a formidable presence in the legal world and has experience in human rights, public law, constitutional matters, criminal, medical-legal matters and in fatal accident inquiries. Her extensive experience includes serving as a standing Junior to the Scottish Government and as an advocate depute. Prior to her political career, she built a successful appellate practice, regularly appearing before the UK Supreme Court and handling complex medical-legal cases and fatal accident inquiries.
Joanna served as the Member of Parliament for Edinburgh South-West from 2015 to 2024. During that time, she was the front bench spokesperson for her party on justice and home affairs from 2015 to 2021. Thereafter she chaired parliament’s Joint Committee on Human Rights.
Her parliamentary tenure was marked by significant legal achievements, including her involvement in high-profile constitutional litigation that took her to both the European Court of Justice and the UK Supreme Court. She led the Scottish litigation that resulted in Boris Johnson’s prorogation of Parliament being ruled unlawful.
Joanna’s work has been widely recognised. She was awarded the Herald’s “Best Scot at Westminster” in 2019 and Holyrood magazine’s equivalent award in 2021. She is also an Honorary Bencher of the Middle Temple.
Prior to entering politics, the Legal 500 had recognised Joanna as a leading silk in the criminal field, and in personal injury, medical negligence and professional negligence, where she was described as “fearless in her pursuit of a satisfactory outcome for the client.”
Joanna has returned to full-time practice and is available for instruction.
Selected cases:
G v Scottish Ministers and the Mental Health Tribunal for Scotland [2013] UKSC 79 . 2014 SLT 247
Senior counsel for the appellant in a case concerning detention under conditions of excessive security under the Mental Health and Treatment (Scotland) Act 2003.
Laurie v The Mental Health Tribunal for Scotland and Others, Sheriff Principal B A Kerr, 30th August 2007
Appearance for the Mental Health Officer in appeal under section 320(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003.
Robbins v Mitchell and the Mental Health Tribunal for Scotland, Sheriff Principal Brian A Lockhart, 14th May 2007
Appearance for the Mental Health Tribunal for Scotland in an appeal against a determination extending a deemed Compulsory Treatment Order.
Glasgow City Council v AD, Sheriff Principal Edward F Bowen QC, 27th June 2005
Appearance for Local Authority in appeal concerning Adult with Incapacity.
Stalker v Lothian Health Board [2008] CSOH 77
Lead counsel for the defenders in lengthy proof.
Miller v Tayside Health Board, Lord Drummond Young, 20th October 2003 A1674/01
Junior counsel for the defenders in ten week proof.
Duffy v Lanarkshire Health Board – Extra Division 7th March 2001 A2118/01; 1999 SLT 906 (Outer House)
Appearance as junior counsel for pursuer and reclaimer. I opened and spoke for four days in the reclaiming motion. Also appeared as junior counsel at lengthy proof.
Inquiry into the circumstances of the death of Alan Michael Mullin, Determination by Sheriff Principal Sir Stephen Young Bt QC, Inverness, 15th September 2008
Appearance for widow in inquiry of thirteen days duration into death in custody. Presently instructed as Senior Counsel in potentially groundbreaking claim for damages against Scottish Prison Service in respect of the death.
Inquiry into the circumstances of the death of Scott Currie, Determination by Sheriff Principal Sir Stephen Young Bt QC, Inverness, 17th January 2006
Appearance for widow in inquiry of twenty days duration into death in custody.
McLean v Dunn 2012 SLT
Landmark decision supporting the grant of a warrant for the taking of a further DNA sample in the wake of the decision in Cowie v HMA.
HMA v Hodgson, Birnie and Jude and McGowan v B (Scotland), 2012 SLT 37 and 75
Appearance in the Supreme Court as lead counsel for the Lord Advocate in the “Grandsons of Cadder” cases concerning the application of the doctrine of waiver to a suspect’s Article 6 right of access to a solicitor.
HMA v P (Scotland) 2011 SLT 1097
Appearance as lead counsel for the Lord Advocate in the Supreme Court in one of the “Sons of Cadder” cases concerning the potential application of the doctrine of the “fruits of the poisonous tree” and in particular whether the Salduz principle extended to the use of independent evidence obtained by the authorities as the result of answers given by a suspect in an interview which was otherwise inadmissible.
Jude v HMA 2011 SLT 722
Appearance as lead counsel for the Lord Advocate before a full bench of five judges convened to consider the application of s.118(8) of the Criminal Procedure (Scotland) Act 1995, the interpretation of section 100(3B) of the Scotland Act 1998 and the application of the doctrine of waiver in the light of the decision in Cadder v HMA 2011 UKSC 13.
Petch and Foye v HMA 2011 JC 210
Appearance as lead counsel for the Lord Advocate before a full bench of seven judges convened to reconsider the decision in Ansari v HMA 2003 JC 105 concerning the proper interpretation of section 2(2) of the Prisoners and Criminal Proceedings (Scotland) Act as amended by the Convention Rights (Compliance) (Scotland) Act 2001.
Gallagher v HMA 2011 SLT 175
Appearance as lead counsel for the Lord Advocate before a full bench of five judges to consider the proper interpretation of section 244(c) of the Criminal Procedure (Scotland) Act 1995.
HMA v Williamson 2011 SCCR 563
Appeal against unduly lenient punishment part of life sentence for murder.
Adamson v HMA 2011 SCCR 271
Landmark decision concerning corroboration of penetration in a charge of rape and sufficiency of evidence from which to infer mens rea.
Michael Leonard v The Loch Lomond and the Trossachs National Park Authority [2015] CSIH 44
Occupier’s liability, liability of park authority for injury to walker on West Highland Way
Smith v Golar-Nor Offshore A/S [2007] CHOH 161
Successful opposition to motion for dismissal of action for want of prosecution.
Chapman v Lord Advocate 2006 SCLR 186
Appearance as junior counsel for the Lord Advocate in procedure roll debate concerning foreseeability of injury in psychiatric stress at work claim.
Pratt v Scottish Ministers [2005] CSOH 59
Appeared as lead counsel for the Scottish Ministers in outer house and in reclaiming motion (unreported) to oppose late Minute of Amendment in action for damages for psychiatric injury.
Skinner v Scottish Ambulance Service 2004 SC 790
Appearance as junior counsel for pursuer and reclaimer in reclaiming motion concerning the construction of the Provision and Use of Work Equipment Regulations and the EU framework directive.
McKenna v First Engineering Limited 2003 SLT (N) 1300
Appearance as lead counsel for pursuer in lengthy proof involving complex medical evidence in which I secured the highest damages award to date in the United Kingdom for Vibration White Finger disease.
Contact our clerks
Normal business hours are 9am to 5pm, Monday to Friday.
ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (9am to 5pm)
Alan Moffat
Advocates' Clerk
Sheena Hume
Deputy Advocates' Clerk
Shawn McArthur
Deputy Advocates' Clerk
Kathryn Ferguson
Deputy Advocates' Clerk
Emma Busby
Deputy Advocates' Clerk
- LLB Hons (First Class) University of Edinburgh – 1988 (Constitutional Law Essay Prize Winner)
- LLM University of Edinburgh – 1989 (Vans Dunlop Scholarship)
- Diploma in Legal Practice University of Edinburgh – 1990
- Research Assistant Scottish Law Commission – Summer 1990
- Part time Tutor at University of Edinburgh School of Law – 1990-1996
Legal
- Trainee Solicitor Brodies WS – 1990-1992
- Qualified Solicitor Brodies WS – 1992-1994
- Admitted to the Faculty of Advocates – 1995
- Standing Junior to Scottish Government – 2003-2008
- Advocate Depute – 2008-2011
- Year of Silk – 2009
- Honorary Bencher of the Middle Temple – 2019 to date
Parliamentary
- MP for Edinburgh South West – 2015-2024
- SNP Westminster Spokesperson on Justice and Home Affairs – 2015-2021
- Member of the Future Relationship with the EU Select Committee – 2017-2021
- Member of the Joint Committee on Human Rights – 2017-2024
- Chair of the Joint Committee on Human Rights – 2022-2024
- Member of the Liaison Committee – 2022-2024
- Vice Chair of All Party Parliamentary Group on the Rule of Law – 2015-2024
- Vice Chair of All Party Parliamentary Group on Afghan women and girls – 2022-2024
Other Positions
- Member of the Council of Justice – 2019 to date
- Member of the Council of the Constitution Unit of University College London – 2022-date
- Member of the Scottish Advisory Council of the Free Speech Union – 2022 to date
- Trustee of the Femicide Census charity – August 2024 to date
- Member of the Advisory Board of Sex Matters – 2022 to date
- Member of the Advisory Board of the Lesbian Project – 2023 to date
- Member of Clark Foundation for Legal Education Advisory Committee 2000-2011
- Chair of Clark Foundation for Legal Education Advisory Committee 2011-2015
- Trustee of Scottish Council of Law Reporting 2014-2015
- Faculty of Advocates Training Instructor 2001-2014
- Past member of Faculty Council, the Law Reform Committee and the Disciplinary Rules and Disciplinary Tribunals Committee
- Co-editor of Mental Health and Scots Law in Practice, 2014, (2nd edition) (W. Green, 2014)
- Contributor to the Sunday Times bestselling anthology, The Women Who Wouldn’t Wheesht (Constable, 2024)
- Best Scot at Westminster – Herald Newspaper 2019
- Best Scot at Westminster – Holyrood Magazine 2021
Joanna has appeared in the United Kingdom Supreme Court (UKSC), the Inner and Outer Houses of the Court of Session and in the Sheriff Court, both at first instance and in appeals to Sheriffs Principal. She has also appeared before the Employment Tribunal, the Employment Appeal Tribunal, and in Fatal Accident Inquiries. As a Senior Advocate Depute, she appeared as lead counsel for the Lord Advocate before the UKSC and three times before full benches of the High Court of Justiciary, in addition to conducting numerous High Court trials and solemn conviction appeals.