The Honourable Lord Lake | |
---|---|
Senator of the College of Justice | |
Assumed office 2022 | |
Nominated by | Nicola Sturgeon As First Minister |
Appointed by | Elizabeth II |
Personal details | |
Profession | Advocate |
Jonathan Lake,Lord Lake QC is a Senator of the College of Justice in Scotland who was appointed as a Senator in May 2022. [1] [2]
In April 2023,a one of Lord Lake's rulings received media attention for the sentence he passed onto a convicted rapist. Sean Hogg was not given a custodial sentence and instead given 270 hours of unpaid work. Lord Lake's ruling received some criticism,with a deputy Crown agent at the Crown Office and Procurator Fiscal Service calling it "unduly lenient". [3] The man was later acquitted after an appeal. [4]
In jurisprudence,double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law –in civil law,a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence;however,a different offence may be charged on identical evidence at a second trial. Res judicata protection is stronger –it precludes any causes of action or claims that arise from a previously litigated subject matter.
James Stuart Hall Jr. is an English former media personality and convicted sex offender. He presented regional news programmes for the BBC in North West England in the 1960s and 1970s,while becoming known nationally for presenting the game show It's a Knockout. Hall's later career mainly involved football reporting on BBC Radio. In June 2013,he was convicted of multiple sexual offences against children,effectively ending his media and broadcasting career.
Colin Boyd,Baron Boyd of Duncansby,is a former Scottish judge who was a Senator of the College of Justice from June 2012 to June 2024. He was Lord Advocate for Scotland from 24 February 2000 until his resignation on 4 October 2006. On 11 April 2006,Downing Street announced that Colin Boyd would take a seat as a crossbench life peer;however,he took the Labour whip after resigning as Lord Advocate. He was formally introduced in the House of Lords on 3 July 2006. On the day SNP leader Alex Salmond was elected First Minister of Scotland,it was reported that Boyd was quitting the Scottish Bar to become a part-time consultant with public law solicitors Dundas &Wilson. He told the Glasgow Herald,"This is a first. I don't think a Lord Advocate has ever done this—left the Bar and become a solicitor."
The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and,to a lesser extent,in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.
The World's End Murders is the colloquial name given to the murder of two girls,Christine Eadie,17,and Helen Scott,17,in Edinburgh,in October 1977. The case is so named because both victims were last seen alive leaving The World's End pub in Edinburgh's Old Town. The only person to stand trial accused of the murders,Angus Robertson Sinclair,was acquitted in 2007 in controversial circumstances. Following the amendment of the law of double jeopardy,which would have prevented his retrial,Sinclair was retried in October 2014 and convicted of both murders on 14 November 2014. He was sentenced to life imprisonment with a minimum term of 37 years,the longest sentence by a Scottish court,meaning he would have been 106 years old when he was eligible for a potential release on parole. He died at HM Prison Glenochil aged 73 on 11 March 2019. Coincidentally,he died on the same day the BBC's Crimewatch Roadshow programme profiled the murders.
Margaret Elizabeth Scott,Lady Scott is a Scottish lawyer who was appointed a judge in 2012.
Moorov v His Majesty's Advocate1930 JC 68 is a Scots criminal and evidence law case that concerns admissibility of similar fact evidence. The High Court of Justiciary established the Moorov doctrine in its judgment,which is predominantly used in criminal prosecutions involving allegations of rape and sexual abuse.
A v Hoare,[2008] UKHL 6,is a leading tort case in British law,decided by the House of Lords in 2008.
The Criminal Justice Act 1988 is an Act of the Parliament of the United Kingdom.
The 2011 Helmand Province killing was the manslaughter of a wounded Taliban insurgent by Alexander Blackman,which occurred on 15 September 2011. Three Royal Marines,known during their trial as Marines A,B,and C,were anonymously tried by court martial. On 8 November 2013,Marines B and C were acquitted,but Blackman was initially found guilty of murder of the Afghan insurgent,in contravention of section 42 of the Armed Forces Act 2006. This made him the first British soldier to be convicted of a battlefield murder whilst serving abroad since the Second World War.
Tom Hayes is a former trader for UBS and Citigroup who was convicted for conspiracy to defraud and sentenced to 14 years in prison for conspiring with others to dishonestly manipulate the London Interbank Offered Rate (Libor) as part of the Libor scandal. Hayes,in the course of his defence,asserted managers were aware of his actions,and even condoned them. At trial Hayes was diagnosed with mild Asperger syndrome.
The murder of Surjit Singh Chhokar occurred in November 1998 in Overtown,North Lanarkshire,Scotland. Two prosecutions –in 1999 and in 2000 –were unsuccessful. Two inquiries were held that reported in 2001. Eighteen years after the crime,in October 2016,a conviction was made. This was only the second time in Scottish legal history that a person was tried twice for the same crime. This controversial case raised a number of complicated legal issues,including the double jeopardy rule,as well as institutional racism on the part of investigating police and prosecutors.
On 15 August 2019,28-year-old English police constable Andrew Harper was killed near Sulhamstead,Berkshire,England in the line of duty. Harper and a fellow officer were responding to a report of a burglary,after which Harper was dragged behind a car for a mile (1.6 km),causing his death. In July 2020,three teenage males were found guilty of manslaughter and received sentences of 16 and 13 years imprisonment. They were acquitted on the charge of murder. Harper's killing led to the passing of "Harper's Law",which introduced a mandatory sentence of life imprisonment for anyone convicted of killing emergency workers.
On 28 March 2020,70-year-old Anthony Williams of Cwmbran,Wales,strangled his 67-year-old wife Ruth to death. The following February,he pleaded guilty to manslaughter on the ground of diminished responsibility,and was acquitted of murder. His defence argued that he acted due to his mental state,which had been worsened due to the COVID-19 pandemic. The lesser charge,and the sentence of five years' imprisonment,was criticised by politicians and anti-domestic abuse activists.
Libby Squire was a university student who disappeared following a night out with friends on 31 January 2019 in Kingston upon Hull in the East Riding of Yorkshire,England. In the days following her disappearance,Humberside Police and Squire's parents made a public appeal for information. Police undertook door-to-door enquiries in areas of Hull near to where Squire lived and had last been seen,as well as searching bins,drains and the partially frozen Beverley and Barmston Drain for evidence.
Rikki Neave was a six-year-old boy who was murdered on 28 November 1994 by a 13-year-old boy,James Watson,in Peterborough,England. In 1996,his abusive mother,Ruth Neave,was tried and acquitted of his murder. Watson was convicted of the murder in 2022 after new DNA evidence was found.
Events from the year 2023 in Scotland.
David Carrick is an English serial rapist and former police officer who worked for the Metropolitan Police. He joined the police force in 2001 and worked as an armed officer in the Parliamentary and Diplomatic Protection (PaDP) branch from 2009 until his suspension and subsequent sacking from his position in 2021. An independent public inquiry into the case is being chaired by Lady Elish Angiolini.