Jonathan Lake, Lord Lake
The Honourable Lord Lake | |
|---|---|
| Senator of the College of Justice | |
| Assumed office 18 May 2022 | |
| Nominated by | Nicola Sturgeon As First Minister |
| Appointed by | Elizabeth II |
| Personal details | |
| Profession | Advocate |
Jonathan Lake, Lord Lake KC is a Senator of the College of Justice in Scotland who was appointed as a Senator in May 2022.[1][2]
Biography
In April 2023, 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]
On 6 February 2026, Lord Lake issued a declaration of incompatibility under the European Convention of Human Rights towards Section 170 of the Criminal Procedure (Scotland) Act 1995. Hearing a malicious prosecution suit brought by the journalist Mark Hirst towards the Lord Advocate and Crown Office in the Court of Session, Lake ruled that he had no choice but to dismiss the action as the Lord Advocate and Crown Office have effective immunity against being pursued for damages under Section 170 of the 1995 Act, "unless the person suing has suffered imprisonment". However, Lord Lake also declared that provisions of Section 170 were incompatible with Article 6 of the European Convention of Human Rights as an unjustifiable restriction on the pursuer's right to have the merits of his claim determined.[5]
References
- ^ "Five New Court of Session Judges Named". Law Society of Scotland. 18 May 2022. Retrieved 9 January 2020.
- ^ "Team Members Archive". The Edinburgh Tram Inquiry. Retrieved 15 October 2024.
- ^ "'Unduly lenient' sentence of rapist Sean Hogg to be appealed". BBC News. 28 April 2023. Retrieved 15 October 2024.
- ^ "Man given community sentence for rape of girl, 13, is acquitted". BBC News. 11 October 2023. Retrieved 15 October 2024.
- ^ "Malicious prosecution claim dismissed due to statutory immunity provision deemed ECHR-incompatible". Scottish Legal News. 6 February 2026. Retrieved 7 February 2026.