Lord Hardie, the former lord advocate, is today revealed as Scotland’s worst judge in a league table of judicial performances.

The peer, who was appointed to the bench in 2000, had 84 sentences and two convictions successfully overturned in the past five years — more than any other High Court judge and 10 times the average. He had more than twice as many of his decisions overturned than the judge with the second-highest number, Lord Dawson, the former solicitor-general, who had 30 sentences and three convictions successfully appealed. Lord McEwan had the third poorest record with 27 sentences and three convictions overturned.

It is only the second time information about the performance of Scottish judges has been published.

In 2004, following eight months of negotiations with the executive, The Sunday Times was able, for the first time, to compare the performances of Scottish judges.

Information obtained from the Scottish Court Service under the Freedom of Information Act shows that between 2003 and 2007, High Court cases tried by 60 judges, two sheriffs and nine temporary judges led to about 520 successful appeals, including 40 overturned convictions.

They represent about 12% of all cases handled by the High Court during this period.

Of the 84 sentences imposed by Hardie and overturned by appeal judges, all were reduced.

In 2004, he sentenced Kevin Connolly to 12 years in jail after he pleaded guilty to drugs offences. This was cut to eight years after an appeal in 2006. In 2003, sitting in Kilmarnock High Court, Hardie imposed a 10-year jail term on Robert McDowell for firearms and drugs offences. That was slashed to five years by appeal judges in 2005.

In 2005, appeal court judges quashed the convictions of Steven Henvey and George Reid, whom Hardie had given sentences of eight years and seven years respectively for possessing a quantity of ecstasy and for road traffic offences.

They said Hardie had misdirected the jury on a point of law and refused the Crown’s application for a new prosecution.

The figures have provoked criticism that inconsistent sentencing and judges’ errors cost hundreds of thousands of pounds every year.

“We’ve always had a system where some judges are known to be harsher sentencers than others,” said Pauline McNeill, justice spokeswoman for Scottish Labour. “It may be the public prefer that but we should aim for consistency in sentencing while still allowing judicial discretion.”

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