60-648: The Judicial Complaints Reviewer is a Scottish official who is responsible for reviewing the handling of complaints against the judiciary of Scotland by the Judicial Office for Scotland . The post was established in 2011 as a result of the Judiciary and Courts (Scotland) Act 2008 . The Reviewer is appointed by the Cabinet Secretary for Justice , with the approval of the Lord President of
120-456: A sheriff principal . Sheriffs principal and sheriffs are legally qualified, and previously serve as either advocates or solicitors , though many are also King's Counsel. Summary sheriffs deal exclusively with cases under summary procedure , and some advocates and solicitors serve as part-time sheriffs. In 2014, Justice of the Peace courts replaced the previous district courts . In Justice of
180-635: A solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.) When founded, the Scottish Land Court, and its judiciary, were a separate administration to the Court of Session , High Court of Justiciary and sheriff courts . The enactment of
240-649: A Lord Ordinary. Ten senators will sit in the Inner House of the Court of Session , where they will hear appeals against decisions made by the Outer House , the Sheriff Appeal Court , or judgments made by a sheriff principal . The remaining senators will sit as judges of the Outer House. Additional duties include a senator being appointed as President of Scottish Tribunals, or Chairman of
300-418: A person must be legally qualified as either an advocate or solicitor for at least 10 years. To be eligible for appointment as a senator a person must have served at least 5 years as sheriff or sheriff principal , been an advocate for 5 years, a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed
360-499: A person must have served at least 5 years as a sheriff. Sheriffs deal with the majority of civil and criminal court cases in Scotland, with the power to preside in solemn proceedings with a jury of 15 for indictable offences and sitting alone in summary proceedings for summary offences . The maximum sentencing power of sheriff in summary proceedings is 12 months imprisonment , or a fine of up to £10,000. In solemn proceedings
420-700: A prohibition on permanent judges (no matter what office) from undertaking paid employment, and on restrictions as to the work that part-time or temporary judges can undertake. Generally, part-time and temporary judges will be practising advocates or solicitors , but they are prohibited from employment with the Crown Office and Procurator Fiscal Service or the Government Legal Service for Scotland . Permanent judges are also barred from having any involvement with political parties or organisations . Judges may also not be sued or prosecuted for
480-502: A summary sheriff a person must be legally qualified as either an advocate or solicitor for at least 10 years. The office of summary sheriff was established by the Courts Reform (Scotland) Act 2014. The justices of the peace primary role is to preside over summary criminal trials for driving offences (including careless driving, speeding, tachograph offences, and driving without a license), less serious assaults, breach of
540-467: Is a stub . You can help Misplaced Pages by expanding it . Judiciary of Scotland The judiciary of Scotland ( Scottish Gaelic : Breitheamh na h-Alba ) are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law , and they must hand down appropriate judgments and sentences . Judicial independence
600-710: Is guaranteed in law, with a legal duty on Scottish Ministers , the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary .) As of May 2016,
660-610: Is regulated by the Judiciaty and Courts (Scotland) Act 2008 and the Courts Reform (Scotland) Act 2014, which replaced the previous rules established by the Sheriff Courts (Scotland) Act 1971. Justices of the peace are appointed by the First Minister on the recommendation of Justice of Peace Advisory Committees, which are established for each sheriffdom. Each sheriff principal is responsible for appointing members to
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#1732772138733720-678: Is the Lord Justice Clerk, and the other judges of the College of Justice are called Senators . When sitting in the Court of Session , Senators are known as Lords of Council and Session , and when sitting in the High Court of Justiciary they are known as Lords Commissioners of Justiciary . There are also some temporary judges who carry out the same work on a part-time basis. Scotland's sheriffs deal with most civil and criminal cases. There are 6 sheriffdoms , each administered by
780-557: The College of Justice Act 1532 (c. 2) on 17 May 1532 authorising the creation of the college with 14 members, half spiritual, half temporal, plus a president and the Lord Chancellor . The college convened for the first time on 27 May 1532, in the royal presence. Supplementing the 14 ordinary lords, who were called senators, were an indefinite number of supernumerary judges called extraordinary lords . The founding members of
840-525: The Judiciary and Courts (Scotland) Act 2008 The Reviewer's role is to review how complaints regarding members of the judiciary have been handled by the Judicial Office for Scotland in accordance with the complaint rules laid down by the Lord President. As of May 2017, complaints should be handled in line with Complaints About the Judiciary (Scotland) Rules 2017. She cannot change the outcome of
900-540: The Lord President of the Court of Session . The Lord Justice Clerk presides over the 2nd Division of the Inner House of the Court of Session. The current Lord Justice Clerk is Lady Dorrian , who was appointed to the position on 13 April 2016. The office of Lord Justice Clerk can be traced back to the clerk of court to King's Court, later the Justiciary Court , which was normally the responsibility of
960-775: The Office of the Accountant of Court , and the Auditor of the Court of Session. Its associated bodies are the Faculty of Advocates , the Society of Writers to His Majesty's Signet and the Society of Solicitors in the Supreme Courts of Scotland . The College is headed by the Lord President of the Court of Session , who also holds the title of Lord Justice General in relation to the High Court of Justiciary , and judges of
1020-567: The Parliament of Scotland under James VI and I , as an alternative source of judicial authority to the sheriffs. The sheriffs at this time were a heritable jurisdiction , which presented a perceived challenge to royal authority. Justices of the peace in Scotland have always had a limited jurisdiction and limited prestige: constantly overshadowed by the sheriff. Justices of the peace did, historically, have administrative functions such as regulating wages and contracts of servants and labourers,
1080-535: The Scottish Land Court ranks as a Senator but is always referred to by his judicial office. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now one and the same, and the term, Senator , is almost ordinarily used in referring to the judges of these courts. When a Senator sits as judge in the Outer House of the Court of Session they are referred to as
1140-499: The Scottish Law Commission . To be eligible for appointment as a senator a person must have served at least 5 years as sheriff or sheriff principal , been an advocate for 5 years, a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.) Under
1200-605: The Treason Act 1708 it is treason to kill any of the Senators of the College of Justice when they are sitting in judgment and in exercise of their office. The chairman of the Scottish Land Court , who is also appointed as president of the Lands Tribunal for Scotland , has the same rank and tenure as a senator of the College of Justice, but does not number as a member of the College of Justice. The office of chairman
1260-534: The justiciars established in the 12th century; with there being either two or 3 appointed. The justiciars and their deputes would go on circuit to hear the most serious of cases that could not be heard by the local feudal or sheriff courts, in a comparable (but not identical) manner to Assizes in England. In the Middle Ages, many Scots were subject to the local feudal lords, with only treason reserved to
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#17327721387331320-512: The royal courts . These feudal jurisdictions, called heritable jurisdictions , were abolished in 1747 by the Heritable Jurisdictions (Scotland) Act 1746 . The sheriff courts developed in the Middle Ages as royal courts to challenge the authority of the local feudal courts, though the office of sheriff became itself a heritable jurisdiction with a legally qualified sheriff-depute the effective judge. The jurisdiction of
1380-619: The College of Justice were: The college at its foundation dealt with underdeveloped civil law . It did not dispense justice in criminal matters as that was an area of the law reserved to the king's justice, through the justiciars (hence the High Court of the Justiciary), the Barony Courts and the Commission of Justiciary . The High Court of Justiciary was only incorporated into the College of Justice in 1672. Initially, there
1440-399: The College of Justice, Chairman of the Scottish Land Court, Sheriffs Principal, Sheriffs and Summary Sheriffs all hold office until retirement or until removal from office due to being unfit. They can only be removed from office for being unfit following a report from an independent tribunal, and subject to the oversight of the Scottish Parliament. Judicial independence is also secured through
1500-412: The Court of Session . The Reviewer's services are open to those who have complained about the conduct of a member of the judiciary, and also to members of the judiciary who have been the subject of a complaint. The first Judicial Complaints Reviewer was Moi Ali, 2011-2014. The second was Gillian Thompson, 2014-2017. The third was Ian Gordon OBE, 2017-2022. The current reviewer is James Mollison who took up
1560-515: The Court of Session and High Court are titled Senators of the College of Justice . The college was founded in 1532 by King James V following a bull issued by Pope Clement VII on 15 September 1531. It provided for 10,000 gold ducats to be contributed by the Scottish bishoprics and monastic institutions for the maintenance of its members, one half of whom would be members of the "ecclesiastical dignity". The Parliament of Scotland passed
1620-550: The Judiciary and Courts (Scotland) Act 2008 which places a duty on the Scottish Ministers , the First Minister of Scotland , the Lord Advocate , and Members of the Scottish Parliament to uphold judicial independence and bars influences of the judiciary through special access. Judges swear a judicial oath which affirms their personal commitment to independence: “I will do right to all manner of people after
1680-489: The Judiciary and Courts (Scotland) Act 2008 sought to create a unified judiciary for Scotland, and so The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 transferred responsibility for the administration of the court to the Scottish Courts and Tribunal Service, and made the chairman and deputy chairman part of the unified Scottish judiciary under the Lord President. The current chairman of
1740-471: The Justiciar. The Justiciar normally appointed several deputes to assist in the administration of justice, and to preside in his absence. The clerk was legally qualified and advised the Justiciar and his deputes on the law, as they were generally noblemen without any legal education or experience as practising lawyers . This clerk prepared all the indictments and was keeper of the records. Eventually
1800-654: The Lord Lyon and the justices of the peace, appointed on the recommendation of the Judicial Appointments Board for Scotland . Due to the volume of business, some legally qualified stipendiary magistrates sat in Glasgow , when following the Court Reform (Scotland) Act 2014 the office of stipendiary magistrate was abolished, and several stipendiary magistrates became summary sheriffs. Today,
1860-544: The Lord President was Lord Carloway , who was appointed in December 2015 having previously served as Lord Justice Clerk . The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scotland) Act 2008 , and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service . The second most senior judge
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1920-560: The Northern Lighthouse Board . To be eligible for appointment as a sheriff principal a person must be legally qualified as either an advocate or solicitor for at least 10 years. Sheriffs principal will preside over fatal accident inquiries brought under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 with significant public interest . Sheriff officers are appointed by
1980-496: The Peace courts, lay justices of the peace work with a legally qualified clerk of court who gives advice on law and procedure. Justices of the peace handle minor criminal matters . The head of the judiciary in Scotland is the Lord President of the Court of Session whose office dates back to 1532 with the creation of the College of Justice. Scotland's judiciary was historically a mixture of feudal, local, and national judicial offices. The first national, royal, justices were
2040-651: The Scottish Land Court is Lord Minginish who was appointed by the monarch on 1 October 2014, having previously served as deputy chairman. His nomination by First Minister Alex Salmond was made following a recommendation of the Judicial Appointments Board for Scotland. At the same time he was also appointed by the Scottish Ministers as president of the Lands Tribunal for Scotland. The sheriffs principal are responsible for
2100-778: The Scottish judiciary are divided into the Senior Judges, the Senators of the College of Justice, the Chairman of the Scottish Land Court , the Lord Lyon , the Sheriffs Principal, the Appeal Sheriffs, Sheriffs, Part-time Sheriffs, Summary Sheriffs, Part-Time Summary Sheriffs, Justices of the Peace, and Tribunal Judges. The Lord President of the Court of Session is the head of the country's judiciary and
2160-485: The advisory committee for his or her sheriffdom, with each committee having at least 3 lay members, and no more than one sheriff. College of Justice The College of Justice ( Scottish Gaelic : Colaiste a' Cheartais ) includes the Supreme Courts of Scotland , and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session , the High Court of Justiciary ,
2220-460: The ancient justiciars. In 1830, the Court of Session Act 1830 united the offices of Lord President of the Court of Session and Lord Justice General, with the person appointed as Lord President assuming the office of Lord Justice General ex officio . The Lord President presides over the 1st Division of the Inner House of the Court of Session, and will often hear appeals that raise significant or important points of law . The Lord President
2280-476: The circumstances around sudden or suspicious deaths, including those who die in the course of employment, in custody , or in secure accommodation. A sheriff must be legally qualified , and been qualified as an advocate or solicitor for at least 10 years. The office of sheriff (historically, sheriff-substitute or sheriff depute) evolved as a legally qualified person appointed by the hereditary sheriff principal (historically, sheriff). The hereditary office
2340-558: The efficiency of administration of the courts within their sheriffdom (both the sheriff courts and the justice of the peace courts), and since 1975 there have been 6 sherrifdoms in Scotland. Sheriffs principal chair the Local Criminal Justice Boards, which bring together the local procurator fiscal , Police Scotland and Community Justice Authority , and Scottish Courts and Tribunals Service . The sheriffs principal also serve ex officio as Commissioners of
2400-526: The end of her three-year term, as she was dissatisfied with the powers of the role. Gillian Thompson became the second Judicial Complaints Reviewer on 1 September 2014, and she too did not serve a second term of office. This government job-related article is a stub . You can help Misplaced Pages by expanding it . This article related to government in Scotland is a stub . You can help Misplaced Pages by expanding it . This article related to law in Scotland
2460-543: The exam in civil law at least 2 years before application.) Some sheriffs with five or more years’ service as a sheriff, are eligible to be appointed as Appeal Sheriffs to sit in the Sheriff Appeal Court. Appointments to all offices of the judiciary, except for Lord Lyon and justices of the peace, are made by the First Minister of Scotland on the recommendation of the Judicial Appointments Board for Scotland . The statutory basis for making recommendations
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2520-585: The influence of the clerk increased until the clerk gained both a vote in the court, and a seat on the bench as the Justice-Clerk . When the High Court of Justiciary was established in its modern form by the Courts Act 1672, the position of the Lord Justice Clerk was given a statutory basis. The Lord Justice-General was president of the Court, and the Justice-Clerk vice-president. During
2580-414: The investigation, overturn a decision, or initiate redress. However, where she finds a fault in the process she passes a referral to the Lord President who then makes decision. Moi Ali became the first ever JCR on 1 September 2011. She established the office and pushed for greater powers, claiming that the role was "window-dressing" and the judicial watchdog had no teeth. She did not seek reappointment after
2640-492: The laws and usages of this realm, without fear or favour, affection or ill-will.” The Scottish Government began consulting on how to ensure judicial independence in 2006 and the consultation resulted in the Lord President being recognised as the head of the Scottish judiciary, the transfer of the Scottish Courts and Tribunals Service to judicial control, and the statutory basis for the Judicial Appointments Board for Scotland . The Lord President, Lord Justice Clerk, Senators of
2700-540: The maintenance of bridges, recruitment of militia, and special tax assessments. The office went into decline in the 19th century, and was revived by the establishment of the district courts in 1975. The current system of justice of the peace courts was established in 2007 by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Judicial independence from the government , legislature and public prosecutor in Scotland in guaranteed in statute by
2760-455: The maximum sentence is 5 years imprisonment, or an unlimited fine. The sheriff has exclusive jurisdiction for all civil claims under £100,000, with shared jurisdiction over all other civil proceedings with the Court of Session . There is no upper limit to the size of case handled by a sheriff, with almost all family actions taking place in the sheriff court. Sheriffs also preside over fatal accident inquiries which are convened to examine
2820-418: The peace courts . All sheriffs principal are automatically ex officio appeal sheriffs. They usually sit in a bench of 2 or 3 judges. Appeal sheriffs also hear appeals in civil cases that previously went to the sheriff principal. Decisions of the Sheriff Appeal Court may only be appealed to the High Court of Justiciary with the permission of the High Court. To be eligible for appointment as an appeal sheriff
2880-467: The peace, theft and other less serious common law offences . The maximum sentencing power of a justice of the peace is 60 days imprisonment , or a fine up to £2,500, or both, and the ability to disqualify drivers. Justices of the peace are lay people (not legally qualified ), and are advised by a lawyer who acts as legal adviser or clerk of court . The office of justice of the peace in Scotland can be traced back to 1609, when they were introduced by
2940-557: The period when the office of Lord Justice-General was held by noblemen the Lord Justice-Clerk was virtual head of the Justiciary Court. The Senators of the College of Justice are judges of the College of Justice and sit in either the Court of Session (where they are known as Lords of Council and Session ) or the High Court of Justiciary (where they are known as Lords Commissioners of Justiciary.) The Chairman of
3000-483: The presiding judge of the College of Justice (which comprises the Court of Session and High Court of Justiciary .) The current Lord President is Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk When presiding over criminal cases in the High Court of Justiciary the Lord President is known as the Lord Justice-General, an office that can be traced back to
3060-579: The role on 1 September 2022. Complaints about the conduct, both within and outwith the courts of Scotland , of judicial officer holders in Scotland are made to the Lord President through the Judicial Office for Scotland. However, the Judicial Office does not consider complaints about judicial decisions which are dealt with through appeals . The office of the Judicial Complaints Reviewer was established by Section 30 of
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#17327721387333120-487: The sheriffs principal upon petition and the sheriff principal will investigate, and inspect, fitness for office under Part V of the Debtors (Scotland) Act 1987 and Section 8 of Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1988. Appeal sheriffs sit in the Sheriff Appeal Court and hear appeals against summary criminal proceedings, and some civil proceedings, from both the sheriff courts and justice of
3180-466: The sheriffs was re-organised into twelve sheriffdoms following the passage of the Sheriff Courts (Scotland) Act 1870 The number of sheriffdoms was reduced to six in 1975, with only minor changes to the territorial extent of each sheriffdom since then. Locally administered courts continued until the replacement of the district courts by justice of the peace courts in 2008, and now all Scottish courts are administered centrally, with all judges, except
3240-479: The wider judiciary, is advised on matters relating to the administration of justice by the Judicial Council for Scotland , which is a non-statutory body established in 2007. There had been plans for a statutory judges' council but these plans were abandoned in favour of a non-statutory council convened by the Lord President. The Lord Justice Clerk is the second most senior judge in Scotland , after
3300-451: The work they carry out as a judge. Judicial independence was attested as early at 1599 when Lord President Seton addressed the King and said, "but this is a matter of law, in which we are sworn to justice according to our conscience and the statutes of the realm." To be eligible for appointment as a sheriff principal, sheriff, or summary sheriff (whether permanent, temporary, or part-time)
3360-476: Was abolished by the Heritable Jurisdictions (Scotland) Act 1746. The offices were officially renamed by section 4 of the Sheriff Courts (Scotland) Act 1971. Summary sheriffs hear civil cases brought under Simple Procedure and criminal cases brought under summary proceedings. Their sentencing powers are identical to a sheriff sitting in summary proceedings. To be eligible for appointment as
3420-572: Was created with the founding of the Scottish Land Court in 1991 by the Small Landholders (Scotland) Act 1911 which has a responsibility for hearing cases relating to agricultural tenancies and crofting . The chairman is supported by a deputy chairman who holds the office of sheriff . The chairman is legally qualified, and must satisfy the same eligibility criteria as a senator: that is, they must have served at least 5 years as sheriff or sheriff principal , been an advocate for 5 years,
3480-407: Was established by the Scottish Parliament through Sections 9 to 27 of the Judiciary and Courts (Scotland) Act 2008 (as amended by the Courts Reform (Scotland) Act 2014). The 2008 Act established the requirements for making appointments of permanent, temporary and part-time judges. The appointment of sheriffs principal (permanent and temporary), sheriffs and summary sheriffs (permanent and part-time)
3540-579: Was little legal literature. Acts of the Parliament of Scotland and the books of the Old Law as well as Roman Law and canon law texts were about all to which the pursuer and defender could refer. It was only after the establishment of the court that this situation improved, with judges noting their decisions in books of practicks. The Treaty of Union 1707 with England preserved the Scottish Legal System . Article XIX provided "that
3600-538: Was made head of a unified judiciary as a result of the passage of the Judiciary and Courts (Scotland) Act 2008 by the Scottish Parliament . In his role as Head of the Judiciary he is supported by the Judicial Office for Scotland , and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service . The Judicial Office is administered by an executive director of the Scottish Courts and Tribunals Service . The Lord President, and
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