James Chalmers graduated from the University of Aberdeen and Tulane University, in New Orleans. He took up a senior lectureship at the University of Edinburgh in 2007, prior to which he had taught since 2000 at the University of Aberdeen. He has also taught, on a visiting basis, at the universities of Baltimore, Cape Town, and Maryland, and was a visiting research fellow at Queen Mary, University of London from April until June of 2007.
At Edinburgh, he teaches primarily criminal law and evidence. He is Director of Postgraduate Studies for the School of Law, and also co-director of the MSc in Global Crime, Justice and Security. With effect from volume 15 (2011), he is editor of the Edinburgh Law Review.
His research to date falls into four main categories, as follows:
(1) Doctrinal criminal law, evidence and procedure. Criminal Defences and Pleas in Bar of Trial, written jointly with Fiona Leverick,was published in the Scottish Universities Law Institute series in 2006, and other work has appeared in a variety of journals including the Criminal Law Review and the Modern Law Review. He is assistant editor of Renton and Brown's Criminal Procedure According to the Law of Scotland and is responsible for the Criminal Law section of the Scottish Human Rights Service.He has recently published a third edition of Walker and Walker: The Law of Evidence in Scotland (with Margaret Ross), a second edition of Evidence Essentials, and a fourth edition of A Casebook on Criminal Law in Scotland(with CHW Gane and CN Stoddart).
(2) Empirical criminal justice research. With colleagues at Aberdeen and Glasgow universities (primarily Fiona Leverick), he has carried out empirical research into the Scottish pilot victim statement schemes, reforms to High Court procedure arising from legislation passed in 2004, and (most recently) the first ten years worth of referrals by the Scottish Criminal Cases Review Commission to the High Court. Reports on the first two projects were published by the Scottish Executive in 2007, while the report on the third was published by the Commission in early 2009.
(3) Law and the public health. Some of his early work on criminal law addressed the criminalisation of HIV transmission, which broadened into a wider study of law's application in the context of HIV and AIDS. During 2007, he was on research leave supported by a grant from the Arts and Humanities Research Council, working on a book on that subject, Legal Responses to HIV and AIDS, which was published by Hart Publishing in November 2008. Other articles in this area have appeared in the International Journal of STD and AIDS, the Journal of Medical Ethics and the Juridical Review.
(4) Other areas of Scots law. He formerly taught both trusts and (more briefly) delict while at Aberdeen, and has published in both these areas, as well as on the question of Scottish appeals to the House of Lords, Judicial Committee of the Privy Council and the new Supreme Court. In addition to a handful of short articles and textbook chapters, a casebook, Trusts: Cases and Materialswas published in 2002, and he has contributed essays to KGC Reid, Zimmermann and de Waal (eds), Exploring the Law of Succession (2007) and E Reid and Palmer, Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland (2009). He also contributed the chapter on remedies to the new Scottish Universities Law Institute work on Delict, which was published in 2007.
He is (since 2008) a member of the Criminal Courts Rules Council. He is also the honorary president of the School's Mooting Society, acting as a link between the Society and the School. This reflects a longstanding interest in mooting: as a student, he was a member of the Aberdeen team which won the ESU Mooting Competition in 1998 and the Tulane team which finished runners-up in the oral argument stages of the Willem C Vis International Commercial Arbitration Moot in 1999.
Since the 1980s legislators and courts have responded in a variety of ways to the onset of the AIDS pandemic. Some responses have been sensitive to the needs of those with HIV, seeking to guarantee heightened levels of confidentiality or freedom from discrimination. Others have sought to use the law as a tool to limit the spread of HIV, for example by imposing liability for its transmission or restricting the freedoms of those who are HIV-positive. Elsewhere, doctors and researchers have grappled with the legal and ethical problems surrounding testing for a condition which many people may not want to be aware of, and with the conflicts which can arise between respect for individual autonomy and the promotion of public health. More recently, treatments for HIV have developed to the extent that for many HIV is a chronic disease rather than an inevitably fatal condition. Such treatments, however, pose new challenges: they are expensive and as such are not widely available in those parts of the globe where HIV infection is most widespread. This has caused tensions over issues such as asylum, immigration and deportation, and the protection of intellectual property rights which may bar such treatments from being available where the need is most acute. This book examines and evaluates these issues in comparative perspective. It draws on legal responses to other sexually transmitted infections (and contagious diseases) but concentrates on HIV and AIDS.
James Chalmers 'Regulating Adolescent Sexuality: English and Scottish Approaches Compared' (2011) Child and Family Law Quarterly 23(4), 450-464
James Chalmers, Fiona Leverick 'When Should a Retrial be Permitted after a Conviction is Quashed on Appeal?' (2011) Modern Law Review 74(5), 721-749
James Chalmers, Fiona Leverick 'The Scottish Criminal Cases Review Commission and its Referrals to the Appeal Court: the First 10 Years' (2010) Criminal Law Review 608-622
James Chalmers 'Two Problems in the Sexual Offences (Scotland) Bill' (2009) Scottish Criminal Law 553-559
James Chalmers 'Lieser and Misconceptions' (2008) Scottish Criminal Law 1115-1121
James Chalmers, Fiona Leverick 'Fair Labelling in Criminal Law' (2008) Modern Law Review 71(2), 217-246
‘Fair labelling’ has become common currency in criminal law scholarship over recent decades, but the principle's scope and justification has never been analysed in detail. Basic questions remain unanswered, such as the intended audience for these labels and whether they assume the same importance in respect of both offences and defences. This article traces the intellectual history of the principle and examines its possible justifications in respect of offence labelling, noting that labelling is important in two distinct senses: that of description, and that of differentiation. It goes on to sketch out some considerations which are of importance in the principle's application, before concluding with a discussion of its applicability to defences.
James Chalmers, Peter Duff and Fiona Leverick 'Victim Statements: Can Work, Do Work (For Those Who Bother To Make Them)' (2007) Criminal Law Review 360-379
Contrasts the enthusiasm of the Scottish and English governments for, with scepticism of academics on the value of, allowing victim input in the criminal justice process. Considers findings from an evaluation of the Scottish pilot victim statement scheme as regards: (1) the percentage of victims who took advantage of the opportunity given; (2) the reasons given for the decision on whether to make a statement; (3) statement content; and (4) criminal justice practitioner's views on the scheme. Compares the findings on victim satisfaction with those from a 2001 evaluation of an equivalent English scheme.
James Chalmers 'Criminalisation of HIV Transmission: Can Doctors Be Liable for the Onward Transmission of HIV?' (2004) International Journal of STD & AIDS 15(12), 782-788
The English Court of Appeal has recently confirmed that the reckless transmission of HIV can amount to a criminal offence, following on from a similar development in Scotland in 2001. This development has led to some concern as to whether doctors could, in certain circumstances, themselves be liable for the onward transmission of HIV by a patient. This article reviews the current scope of the criminal law, before considering the law on liability for onward transmission in the UK. It concludes that civil liability (liability in damages) for onward transmission will be imposed only in unusual cases, and probably only where a doctor has failed to discharge his or her duty of care towards one of his or her own patients. Criminal liability is perhaps theoretically possible but exceptionally unlikely.
James Chalmers 'Merging Provocation and Diminished Responsibility: Some Reasons for Scepticism' (2004) Criminal Law Review 198-212
Opposes the argument in favour or merging the please of provocation and diminished responsibility under one single partial defence as proposed by R.D. Mackay and B.J. Mitchell in Crim. L.R. 2003, 745-759 in the context of the Law Commission's consideration of this option as part of its review of the law of provocation more generally. Evaluates the partial defence contained in the United States' Model Penal Code referred to as "extreme mental or emotional disturbance" (EMED), as advocated by the earlier authors. Examines: (1) why the Model Code's EMED provision has had only a limited influence across the United States' jurisdictions; (2) whether the EMED provision does in fact merge the two pleas; (3) a series of arguments challenging the validity and workability of a merged plea.
James Chalmers 'Scottish Appeals and the Proposed Supreme Court' (2004) Edinburgh Law Review 8(1), 4-30
The Government’s proposal to create a Supreme Court might have been expected to open up a debate on the extent to which Scottish appeals should be allowed to proceed ‘to London’. Instead, that issue has been sidestepped and the consultation paper presupposes that the new Supreme Court will assume the existing jurisdiction of the Appellate Committee (and probably also that of the Judicial Committee) in Scottish cases. This article argues that this approach is a mistake, and that the jurisdiction of the Supreme Court over Scottish cases should be limited to those cases which are of UK-wide importance. Such cases could be properly identified through a requirement of leave to appeal, which is not a general feature of Scottish appeals to the House of Lords at present.
James Chalmers 'Reforming the Pleas of Insanity and Diminished Responsibility: Some Aspects of the Scottish Law Commission's Discussion Paper' (2003) Scottish Law & Practice Quarterly 8(2), 79-94
James Chalmers 'The Criminalisation of HIV Transmission' (2002) Journal of Medical Ethics 28(3), 160-163
James Chalmers 'Proving Subordinate Legislation in Criminal Prosecutions' (2001) Statute Law Review 22(3), 239-244
James Chalmers 'Sexually Transmitted Diseases and the Criminal Law' (2001) Juridical Review 259-278
James Chalmers 'Partial Defences to Murder in Scotland: An Unlikely Tranquillity' in Alan Reed, Michael Bohlander (eds) Loss of Control and Diminished Responsibility: Domestic, Comparative and International Perspectives (Ashgate, 2011) 167-181
James Chalmers 'Trusts' in Gillian BlackBusiness Law in Scotland, 2nd edn (W.Green, 2011) 426-456
James Chalmers 'Remedies' in JM Thomson (eds) Delict (Scottish Universities Law Institute / W. Green, 2007) 1001-1050
James Chalmers 'The Law and HIV' in Gus Cairns (eds) HIV Reference Manual (National AIDS Monitor, 2007) 491-501
James Chalmers 'Criminal Law; Trusts' in Christina Ashton and others (eds) Understanding Scots Law (W. Green, 2007) 236-298; 685-742
James Chalmers 'HIV and the Law' in Michael Carter (eds) Living with HIV (National AIDS Monitor, 2006) 350-361
James Chalmers 'Thomas Taylor's Lectures on Criminal Law' in Hector MacQueenMiscellany Five (Stair Society, 2006) 189-241
James Chalmers 'Homicide; Abortion and Concealment of Pregnancy' in Charles Stoddart (eds) The Laws of Scotland: Stair Memorial Encyclopaedia: Criminal Law (Law Society of Scotland, 2005) 249-292
James Chalmers, Fiona Leverick 'General Defences' in Charles Stoddart (eds) The Laws of Scotland: Stair Memorial Encyclopaedia: Criminal Law (Law Society of Scotland, 2005) 195-205
James Chalmers 'HIV and the Law' in Michael Carter (eds) Living with HIV (National AIDS Monitor, 2004) 274-282
James Chalmers, Christopher Gane, Fiona Leverick 'Partial Defences to Homicide in the Law of Scotland: A Report to the Law Commission for England and Wales' in Law Commission (eds) Partial Defences to Murder: Overseas Studies (Law Commission, 2003) 151-183
James Chalmers 'Trusts; Criminal Law; Study, Revision and Examination' in Anne Griffiths, Douglas Brodie, Hector MacQueen, Christina Ashton, David Brand, James Chalmers, Vic Craig, Stuart Cross, Valerie Finch, Alasdair Gordon (eds) Fundamentals of Scots Law (Thomson/W Green, 2003) 375-416; 521-563; 566-571
James Chalmers 'Criminal Law (Releases 6-21, 2003-2011)' in Alan Miller (eds) Scottish Human Rights Service (W. Green, 2000) C3-C62
James Chalmers 'Chapters 9 (Admissions and Confessions) [quoad confessions only], 19 (Public and Official Documents), 27 (Oral Evidence - General)' in Margaret Ross, James Chalmers (eds) Walker and Walker: The Law of Evidence in Scotland (T & T Clark, 2000)
James Chalmers, Fiona Leverick, Sarah Armstrong, Fergus McNeill Scottish Criminal Cases Review Commission 10th Anniversary Research (SCCRC, 2009)
James Chalmers, Peter Duff and Fiona Leverick An Evaluation of the Pilot Victim Statement Schemes in Scotland (Scottish Executive, 2007)
James Chalmers, Peter Duff, Fiona Leverick and Yvonne Melvin An Evaluation of the High Court Reforms Arising from the Criminal Procedure (Amendment) (Scotland) Act 2004 (Scottish Executive, 2007)
James Chalmers, Jane Anderson, Mark Nelson, Mary Poulton, Lisa Power, Anton Pozniak and Rhon Reynolds HIV Transmission, the Law and the Work of the Clinical Team (British HIV Association, 2006)
Notes and Reviews
James Chalmers 'Legal hand grenade that has little effect on Scottish justice' (2010) Scottish Daily Express 27th October 2010
James Chalmers 'Sex offences reform flawed' (2010) The Scotsman 27th September 2010, 41
James Chalmers 'Assisted Suicide: Jurisdiction and Discretion' (2010) Edinburgh Law Review 295-300
James Chalmers 'Section 117 of the Criminal Justice and Licensing (Scotland) Bill: A Dangerous Loophole?' (2009) Scottish Criminal Law 1240-1242
James Chalmers 'The Fraser Appeal' (2008) Scottish Criminal Law 851-853
James Chalmers 'Delay, Expediency and Judicial Disputes: Spiers v Ruddy' (2008) Edinburgh Law Review 12(2), 312-316
James Chalmers 'The True Meaning of "Wicked Recklessness": HM Advocate v Purcell' (2008) Edinburgh Law Review 12(2), 298-302
James Chalmers 'Passing a Bad Law is a Criminal Act' (2008) Sunday Herald 16 March 2008
James Chalmers 'No Breach of Peace, Therefore No Crime' (2007) The Scotsman 13th December 2007, 5
James Chalmers 'Reforming Fiscal Fines' (2007) Scottish Criminal Law 111-112
James Chalmers, Peter Duff, Fiona Leverick and Yvonne Melvin 'The High Court ("Bonomy") Reforms: An Evaluation' (2007) Scots Law Times 173-178
James Chalmers 'The Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007' (2007) Edinburgh Law Review 11(3), 407-411
James Chalmers, Peter Duff and Fiona Leverick 'The Pilot Victim Statement Scheme in Scotland' (2007) Scots Law Times 71-75
James Chalmers, Fiona Leverick 'Murder Through the Looking Glass: Gillon v HM Advocate' (2007) Edinburgh Law Review 11(2), 230-236
James Chalmers 'HIV Convictions Exceptional in UK' (2007) BBC News Online 7th February 2007
James Chalmers 'More Fair Play for Suspects: HM Advocate v Higgins' (2007) Edinburgh Law Review 11(1), 100-104
James Chalmers 'How Confidential is Confidential?' (2006) AIDS Treatment Update 159, 8-11
James Chalmers 'Sexual Offences in Scotland: An Agenda for Reform' (2004) Scots Law Times 109-113
James Chalmers 'Distress as Corroboration of Mens Rea' (2004) Scots Law Times 141-145
James Chalmers 'Fireraising by Omission' (2004) Scots Law Times 59-63
James Chalmers 'Corporate Culpable Homicide: Transco plc v HM Advocate' (2004) Edinburgh Law Review 8(2), 262-266
James Chalmers 'Criminalising HIV Infection' (2003) AIDS Treatment Update 131, 2-6
James Chalmers 'Advocate's Immunity From Suit in Respect of Conduct in Court' (2003) Journal of Criminal Law 67(5), 401-403
James Chalmers 'District Courts (Scotland): Compatibility with Article 6 of the European Convention on Human Rights' (2003) Journal of Criminal Law 67(4), 311-313
James Chalmers 'What Impact for Victim Statements?' (2003) Scottish Law & Practice Quarterly 8(2), 159-163
James Chalmers 'Oppression and Abuse of Process' (2003) Scottish Law & Practice Quarterly 8(3), 232-236
James Chalmers, Christopher Gane 'The Aftermath of Shameless Indecency' (2003) Scottish Law & Practice Quarterly 8(4), 310-315
James Chalmers 'Hearsay, Discretion and the ECHR' (2003) Scots Law Times 181-185