Mairi-Clare McMillan

Year of Call: 2024

Area of Practice

Email Mairi-Clare McMillan

Mairi‑Clare called to the Bar following seven years with the Crown Office and Procurator Fiscal Service, where she latterly served as a Senior Procurator Fiscal Depute. She has extensive experience in the preparation and presentation of complex cases, including those involving sensitive subject matter and significant volumes of documentary productions.

Since calling, Mairi‑Clare has been instructed in a range of criminal cases in the Sheriff Court and High Court of Justiciary. She has appeared in both appellate and first‑instance proceedings, as junior to senior counsel and on her own instruction.

She is developing a practice in public law–related work, with particular experience in public inquiries and regulatory proceedings. She is currently instructed as Junior Counsel to the Scottish Child Abuse Inquiry (Phase 9), where she is involved in analysing complex material and examining witnesses in a large‑scale and sensitive inquiry.

Mairi‑Clare has also been instructed in regulatory proceedings on behalf of the General Medical Council, gaining experience in professional discipline within a statutory framework.

She has a particular interest in public inquiries and Fatal Accident Inquiries, including those involving complex factual backgrounds. She is known for her careful preparation, analytical approach, and her ability to deal sensitively with vulnerable witnesses.

Cases

  • Dionne Christie v HM Advocate [2024] HCJAC 52 – Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995, challenging the admissibility of expert evidence.
  • Brandon McLachlan v HM Advocate [2026] HCJAC 14 – Appeal against sentence. Examining the applicability of the Sentencing Young People Guideline in a murder case.
  • YZ v HM Advocate [2026] HCJAC 12 – Appeal against conviction. Remit from the UK Supreme Court concerning non-disclosure.