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The judiciary of Scotland comprise the judicial office holders who sit in the Scottish courts: the Court of Session, the High Court of Justiciary, Scottish election courts, the Lands Valuation Appeal Court, the sheriff courts and justice of the peace courts. The head of the judiciary is the Lord President.

The Judicial Appointments Board for Scotland advises members of the Scottish Executive on judicial appointments. The handling of a complaints investigation into members of the judiciary may be referred to the Judicial Complaints Reviewer.

The Scottish Court Service provides administrative support to the judiciary.

Senators of the College of Judges[edit]

All Scotland's senior judges sit both in the Court of Session, the highest civil court and the High Court of Justiciary, the highest criminal court. Collectively they are known as the Senators of the College of Justice. When sitting in the Court of Session they are referred to as Lords of Council and Session; when sitting in the High Court of Justiciary they are known as Lords Commissioners of Justiciary.

The head of the judiciary of Scotland is holds two titles: Lord President of the Court of Session and Lord Justice General. The second most senior judge bears the title Lord Justice Clerk. The other Senators are given the courtesy title of "Lord" or "Lady".[1]

Sheriffs[edit]

In the sheriff courts sit Sheriffs Principal and Sheriffs and exercise both a criminal and a civil jurisdiction.

Justices of the Peace[edit]

In 2007 the ancient office of Justice of the Peace was revived to replace district courts to deal with minor criminal offences.

In Glasgow, Stipendiary Magistrates sit alone within the Justice of the Peace Court.

Judicial Appointments[edit]

The First Minister has statutory responsibility for making nominations to the Queen for judicial appointments but must first consult the Lord President of the Court of Session. Nominees for the office of judge and shrieval office (sheriff principal, sheriff and part-time sheriff) must be drawn from a list of candidates prepared by the Judicial Appointments Board for Scotland which was established by Ministers in 2002 and became an independent advisory non-departmental public body on 1st June 2009 subject to the Judiciary and Courts (Scotland) Act 2008.[2]

Judicial Complaints[edit]

A person may complain about the personal conduct of a member of the Scottish judiciary in writing to the Judicial Office for Scotland.[3]

The office of Judicial Complaints Reviewer was created by the Judiciary and Courts (Scotland) Act 2008 and may be asked to review the handling of a judicial complaints investigation. The Reviewer may only consider whether the complaint handling procedure complied with the Complaints about the Judiciary (Scotland) Rules 2011 and has no authority to review the merits of any complaint or the outcome of the complaint.[4]

Scottish Court Service[edit]



See also[edit]

Notes and References[edit]

  1. ^ Andrew Le Sueur, "judges" in Peter Cane and Joanne Conaghan (eds), The New Oxford Companion to Law, Oxford University Press Inc., via Oxford Reference Online, Oxford University Press, accessed 24 October 2011.
  2. ^ The Government of Scotland, Appointment of new Sheriffs Principal (media release), 30 March 2011 accessed 24 October 2011.
  3. ^ "Complaints". Judiciary of Scotland. The Judicial Office for Scotland. Retrieved 13 November 2011.
  4. ^ "Judicial Complaints Reviewer", States News Service, 12 August 2011 via factiva.com accessed 13 November 2011.


External links[edit]




Category:Judiciary of Scotland