Colin John MacLean Sutherland, Lord Carloway (born 20 May 1954), is a Scottish

advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...

and

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

who has served as the

Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The L ...

and

Lord Justice General Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...

since 2015. He was previously

Lord Justice Clerk The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. Originally ''clericus justiciarie'' or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord ...

from 2012 to 2015 and has been a

Senator of the College of Justice The senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); ...

since 2000. Born in

Falkirk Falkirk ( gd, An Eaglais Bhreac, sco, Fawkirk) is a large town in the Central Lowlands of Scotland, historically within the county of Stirlingshire. It lies in the Forth Valley, northwest of Edinburgh and northeast of Glasgow. Falkirk had a ...

, Carloway studied at the

University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...

Law School A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...

, where he earned a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

. In 1977, he was admitted to the

Faculty of Advocates The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constitu ...

and served as an

Advocate Depute The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the S ...

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 Carloway succeeded him. Following the retirement of Gill, Carloway was nominated by First Minister

Nicola Sturgeon Nicola Ferguson Sturgeon (born 19 July 1970) is a Scottish politician serving as First Minister of Scotland and Leader of the Scottish National Party (SNP) since 2014. She is the first woman to hold either position. She has been a member of ...

to succeed him. He was officially appointed by

Her Majesty Queen Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states during h ...

on 18 December 2015, becoming the most senior judge in Scotland.

Early life

Colin John MacLean Sutherland was born on 20 May 1954 in

. Carloway was educated at Hurst Grange Preparatory School in

Stirling Stirling (; sco, Stirlin; gd, Sruighlea ) is a city in central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town, surrounded by rich farmland, grew up connecting the royal citadel, the medieval old town with its me ...

and the

Edinburgh Academy The Edinburgh Academy is an Independent school (United Kingdom), independent day school in Edinburgh, Scotland, which was opened in 1824. The original building, on Henderson Row in the city's New Town, Edinburgh, New Town, is now part of the Se ...

, before studying at the

School of Law A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...

of the

(

LL.B. Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

(Hons.)).

Early career

Carloway was admitted to the

in 1977, and appointed

in 1986, serving until 1989. He

took silk In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...

in 1990 and was Treasurer of the Faculty of Advocates from 1994 to 2000. He was appointed to the

Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...

in 1990.

Senator of the College of Justice

Sutherland was appointed a

, a judge of the

Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...

and

High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...

, Scotland's Supreme Courts, in February 2000. He took the judicial title, Lord Carloway, and was promoted to the

Inner House The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is th ...

of the Court of Session and appointed to the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

in 2008. He 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''. 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. Since 2008 he has been 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. In October 2010, he was asked by the then Justice Secretary

Kenny MacAskill Kenneth Wright MacAskill (born 28 April 1958) is a Scottish politician who has been Member of Parliament (MP) for East Lothian since 2019. He previously served as Cabinet Secretary for Justice from 2007 to 2014 and was a Member of the Scottish ...

to undertake a review of the

Scottish criminal law Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mi ...

following the decision by the

UK Supreme Court The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...

in the case of

Cadder v HM Advocate ''Cadder v HM Advocate'' 010UKSC 43 (26 October 2010) is a decision in which the Supreme Court of the United Kingdom held that the way in which police in Scotland detained suspects was not compatible with the European Convention on Human Rights ...

. The report was released in November 2011 and became known as the ''Carloway Review''.

Lord Justice Clerk; 2012–2015

Carloway was appointed

on 15 August 2012.

Lord President and Lord Justice General; 2015–present

His appointment as Lord President and Lord Justice General was announced on 18 December 2015. In December 2022, as Lord President of the Court of Session, Carloway unveiled a plaque commemorating the 1778

Knight v. Wedderburn Joseph Knight (''fl.'' 1769–1778) was a man born in Guinea (the general name of West Africa) and there seized into slavery. It appears that the captain of the ship which brought him to Jamaica there sold him to John Wedderburn of Ballindean, ...

case, which ruled that slavery was incompatible with Scots law.

Personal life

He 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. He is the lead vocalist in, and plays bass guitar for, the

band, The Reclaimers.

Honorary and fellowships

Carloway is an

Honorary Bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher ca ...

Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...

in London and

King's Inn The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...

in Dublin, and is a

Fellow of the Royal Society of Edinburgh Fellowship of the Royal Society of Edinburgh (FRSE) is an award granted to individuals that the Royal Society of Edinburgh, Scotland's national academy of science and letters, judged to be "eminently distinguished in their subject". This soci ...

(FRSE).

References

{{DEFAULTSORT:Sutherland, Colin, Lord Carloway Living people 1954 births Alumni of the University of Edinburgh 20th-century King's Counsel

Carloway Carloway ( gd, Càrlabhagh, IPA: �kʰaːɾɫ̪ə.ɤː is a crofting township and a district on the west coast of the Isle of Lewis, in the Outer Hebrides, Scotland. The district has a population of around 500. Carloway township is within the pari ...

Carloway, Colin, Lord Members of the Faculty of Advocates Scottish King's Counsel People educated at Edinburgh Academy Lords President of the Court of Session Lords Justice Clerk