Colin John MacLean Sutherland, Lord Carloway PC FRSE (born 20 May 1954) is a Scottish advocate and judge who has served as the Lord President of the Court of Session and Lord Justice General since 2015. He was previously Lord Justice Clerk from 2012 to 2015 and has been a Senator of the College of Justice since 2000. On 4 June 2024 Lord Carloway announced his intention to retire from judicial office in early 2025.[1]
Lord Carloway | |
|---|---|
 | |
| Lord President of the Court of Session Lord Justice General | |
| Assumed office 18 December 2015 | |
| Nominated by | Nicola Sturgeon As First Minister |
| Appointed by | Elizabeth II |
| Deputy | Lady Dorrian |
| Preceded by | Lord Gill |
| Lord Justice Clerk | |
| In office 15 August 2012 – 18 December 2015 | |
| Nominated by | Alex Salmond As First Minister |
| Appointed by | Elizabeth II |
| Preceded by | Lord Gill |
| Succeeded by | Lady Dorrian |
| Senator of the College of Justice | |
| Assumed office February 2000 | |
| Nominated by | Donald Dewar As First Minister |
| Monarch | Elizabeth II |
| Personal details | |
| Born | 20 May 1954 Falkirk, Scotland |
| Spouse | Jane Turnbull |
| Alma mater | University of Edinburgh |
| Profession | Advocate |
Born in Falkirk, Lord Carloway studied at the University of Edinburgh's Law School, where he earned a Bachelor of Laws. In 1977, he was admitted to the Faculty of Advocates and served as an Advocate Depute in the late 1980s. Before being nominated as a Judge in 2000, he served as the Treasurer of the Faculty of Advocates. As a Senator of the College of Justice he presided over the 2004 prosecution of gas transporter Transco and published the Carloway Review. In 2012, Lord Gill, who had served as the Lord Justice Clerk, was appointed the Lord President and Lord Carloway succeeded him.
Following the retirement of Lord Gill, Lord Carloway was nominated by First Minister Nicola Sturgeon to succeed him. He was officially appointed by Her Majesty Queen Elizabeth II on 18 December 2015, becoming the most senior judge in Scotland.
Early life
editColin John MacLean Sutherland was born on 20 May 1954 in Falkirk.[2] He was educated at Hurst Grange Preparatory School in Stirling and the Edinburgh Academy, before studying at the School of Law of the University of Edinburgh (LL.B. (Hons)).[3][4]
Career
editAs advocate
editSutherland was admitted to the Faculty of Advocates in 1977, and appointed Advocate Depute in 1986, serving until 1989. He became Queen's Counsel in 1990 and was Treasurer of the Faculty of Advocates from 1994 to 2000.[5][4]
As Judge
editIn the Court of Session 2000 onwards
editSutherland was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts, in February 2000. He took the judicial title, Lord Carloway, and was promoted to the Inner House of the Court of Session and appointed to the Privy Council in 2008.[3][4]
Lord Carloway presided over the 2004 prosecution of gas transporter Transco under health and safety legislation for an explosion in Larkhall in December 1999 which killed a family of four, fining the company a record £15m. After 2008 he was almost exclusively involved in appellate work as a member of the Second Division, one of the two appeal court chambers in Scotland, chaired by the Lord Justice Clerk.
Lord Justice Clerk 2012–2015
editLord Carloway was appointed Lord Justice Clerk on 15 August 2012.[6]
Lord President and Lord Justice General 2015–present
editLord Carloway's appointment as Lord President and Lord Justice General was announced on 18 December 2015.[7] He will step down from the post in early 2025.[8]
In December 2022, as Lord President of the Court of Session, Lord Carloway unveiled a plaque commemorating the 1778 Knight v. Wedderburn case, which ruled that slavery was incompatible with Scots law.[9]
The Carloway Review
editIn October 2010, Lord Carloway was asked by the then Justice Secretary Kenny MacAskill to undertake a review of the Scottish criminal law following the decision by the UK Supreme Court in the case of Cadder v HM Advocate. The report was released in November 2011 and became known as the Carloway Review.[10] The Report did not immediately lead to the recommended abolition of the requirement for corroboration owing to considerable judicial opposition.[11]
Publications
editHe is an assistant editor of Green’s Litigation Styles and contributed the chapters on "Court of Session Practice" to the Stair Memorial Encyclopaedia and "Expenses" in Court of Session Practice.[3]
Personal life
editLord Carloway married Jane Turnbull in 1988, with whom he has two sons. He was the joint editor of Parliament House Portraits: the Art Collection of the Faculty of Advocates, and is a former president of the Scottish Arts Club.[3] He is the lead vocalist in, and plays bass guitar for, the Faculty of Advocates band, The Reclaimers.[12]
Honours
editLord Carloway is an Honorary Bencher of Lincoln's Inn in London and King's Inn in Dublin, and is a Fellow of the Royal Society of Edinburgh (FRSE).[13]
See also
editReferences
edit- ^ "Lord President announces his intention to retire in 2025". scts_judiciary. Retrieved 22 June 2024.
- ^ "Birthday's today". The Telegraph. 20 May 2013. Archived from the original on 20 May 2013. Retrieved 16 May 2014.
Lord Carloway, a Senator of the College of Justice in Scotland, 59
- ^ a b c d "Biographies - The Right Hon Lord Carloway". Scottish Court Service. Retrieved 23 August 2009.
- ^ a b c "Privy Council appointment of Lord Colin". 10 Downing Street. 10 September 2008. Archived from the original on 8 October 2009. Retrieved 23 August 2009.
- ^ "Lord Carloway appointed Lord Justice Clerk". www.scotcourts.gov.uk. Retrieved 4 May 2022.
- ^ "Appointment of Lord Justice Clerk" (Press release). The Scottish Government. 15 August 2012. Retrieved 15 August 2012.
- ^ "Lord Carloway appointed as Lord President - Scotland's most senior judge". BBC. BBC News. 18 December 2015. Retrieved 3 June 2016.
- ^ "Lord President announces his intention to retire in 2025". scts_judiciary. Retrieved 22 June 2024.
- ^ "Scotland's slavery role cannot be glossed over, Lord Carloway says". BBC News. 6 December 2022. Retrieved 13 December 2022.
- ^ "Carloway review says end corroboration in crime cases". BBC. BBC News. 17 November 2011. Retrieved 3 June 2016.
- ^ Lord President Lord Gill’s evidence to the Justice Committee Wednesday 20 November 2013 https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=9164 Retrieved 8 October 2024
- ^ "Definitive proof the law is a racket". The Scotsman. 19 April 2010. Retrieved 23 December 2018 – via PressReader.
- ^ "The Right Hon Lord Carloway". scts_judiciary. Retrieved 3 May 2022.