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Appointment of Lord Justice Clerk

15/08/2012

Her Majesty the Queen, on the recommendation of the First Minister, has appointed the Rt Hon Lord Carloway QC as Lord Justice Clerk. Lord Carloway replaces the Rt Hon Lord Gill who was recently appointed as the new Lord President.

Lord Carloway will take up his appointment with immediate effect. Lord Carloway was nominated by the First Minister taking account of recommendations made by a selection panel constituted under the Judiciary and Courts (Scotland) Act 2008.

Lord Carloway was appointed a Judge in February 2000 and was appointed to the Second Division of the Inner House in August 2008. He is a graduate of Edinburgh University (LLB Hons) and was admitted to the Faculty of Advocates in 1977. He served as an Advocate Depute from 1986 to 1989 and was appointed Queen’s Counsel in 1990. From 1994 until his appointment as a Judge he was Treasurer of the Faculty of Advocates.

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. Lord Carloway 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.

Lord Carloway was invited in 2010 by the Lord President to lead a review of the law and practice in light of the United Kingdom Supreme Court's decision in the case of Cadder v HM Advocate. His report into criminal law and practice was published in November 2011.

The Lord Justice Clerk is the second most senior judge in Scotland. As such they have a prominent role in the Criminal Appeals system. The Lord Justice Clerk is one of the Great Offices of State in Scotland, is a Commissioner for the Honours of Scotland, and Senior Commissioner of the Queen Victoria School in Dunblane. The Lord Justice Clerk also holds the office of President of the Second Division of the Inner House of the Court of Session.

The salary of the Lord Justice Clerk is £206,857 per annum.

The process of selection for the Lord Justice Clerk is set out in the Judiciary and Courts (Scotland) Act 2008 ("the 2008 Act"). In line with those provisions the First Minister established a panel of four people and invited them to recommend individuals suitable for appointment. The panel was chaired by Sir Muir Russell (Chair of the Judicial Appointments Board for Scotland) and also comprised the Rt Hon Lord Gill (the Lord President), the Hon Lady Dorrian (senator of the Court of Session) and Elspeth Macarthur (a lay member of the Judicial Appointments Board for Scotland).