Misplaced Pages

Scottish Sentencing Council

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
#522477

110-511: The Scottish Sentencing Council ( Scottish Gaelic : Comhairle binn na h-Alba ) is an advisory non-departmental public body in Scotland that produces sentencing guidelines for use in the High Court of Justiciary , sheriff courts and justice of the peace courts . Judges , sheriffs , and justices of the peace must use the guidelines to inform the sentence they pronounce against

220-504: A constable , a victims' rights representative , and one further lay member. Appointment of the judicial and legally qualified members is regulated by The Scottish Sentencing Council (Procedure for Appointment of Members) Regulations 2015 , which require the Lord Justice General to convene a panel to hear applications for positions open to sheriffs, summary sheriffs, justices of the peace, advocate, and solicitor. The panel

330-607: A convict , and they must give reasons for not following the guidelines. The Scottish Sentencing Council was established by the Scottish Ministers on 19 October 2015 under powers granted by the Criminal Justice and Licensing (Scotland) Act 2010 . All sentencing guidelines are submitted to the High Court of Justiciary for approval, and the High Court may approve, amend, or reject the guidelines produced by

440-442: A 19% fall in bilingual speakers between the 1911 and 1921 Censuses. Michelle MacLeod of Aberdeen University has said that there was no other period with such a high fall in the number of monolingual Gaelic speakers: "Gaelic speakers became increasingly the exception from that point forward with bilingualism replacing monolingualism as the norm for Gaelic speakers." The Linguistic Survey of Scotland (1949–1997) surveyed both

550-564: A Pictish substrate. In 1018, after the conquest of Lothian (theretofore part of England and inhabited predominantly by speakers of Northumbrian Old English ) by the Kingdom of Scotland , Gaelic reached its social, cultural, political, and geographic zenith. Colloquial speech in Scotland had been developing independently of that in Ireland since the eighth century. For the first time,

660-507: A campaign piece on 3 December 2016, on causing death by dangerous driving, where it highlighted public discontent with the apparent leniency of sentencing decisions in such cases. The Falkirk Herald stated that despite the maximum penalty for causing death by dangerous driving being 14 years imprisonment , the average sentence between 2005 and 2015 was 4.8 years. It was their hope the Council would address this. The categories of membership for

770-524: A central feature of court life there. The semi-independent Lordship of the Isles in the Hebrides and western coastal mainland remained thoroughly Gaelic since the language's recovery there in the 12th century, providing a political foundation for cultural prestige down to the end of the 15th century. By the mid-14th century what eventually came to be called Scots (at that time termed Inglis ) emerged as

880-823: A challenge to revitalization efforts which occur outside the home. Positive engagements between language learners and native speakers of Gaelic through mentorship has proven to be productive in socializing new learners into fluency. In the 2022 census, 3,551 people claimed Gaelic as their 'main language.' Of these, 1,761 (49.6%) were in Na h-Eileanan Siar, 682 (19.2%) were in Highland, 369 were in Glasgow City and 120 were in City of Edinburgh; no other council area had as many as 80 such respondents. Gaelic has long suffered from its lack of use in educational and administrative contexts and

990-551: A dialect known as Canadian Gaelic has been spoken in Canada since the 18th century. In the 2021 census , 2,170 Canadian residents claimed knowledge of Scottish Gaelic, a decline from 3,980 speakers in the 2016 census . There exists a particular concentration of speakers in Nova Scotia , with historic communities in other parts of Canada having largely disappeared. Scottish Gaelic is classed as an indigenous language under

1100-489: A full range of language skills: speaking, understanding, reading and writing Gaelic. 40.2% of Scotland's Gaelic speakers said that they used Gaelic at home. To put this in context, the most common language spoken at home in Scotland after English and Scots is Polish, with about 1.1% of the population, or 54,000 people. The 2011 UK Census showed a total of 57,375 Gaelic speakers in Scotland (1.1% of population over three years old), of whom only 32,400 could also read and write

1210-586: A language ideology at odds with revitalization efforts on behalf of new speakers, state policies (such as the Gaelic Language Act), and family members reclaiming their lost mother tongue. New learners of Gaelic often have a positive affective stance to their language learning, and connect this learning journey towards Gaelic language revitalization. The mismatch of these language ideologies, and differences in affective stance, has led to fewer speaking opportunities for adult language learners and therefore

SECTION 10

#1732780743523

1320-497: A legally authorised structure. Judges make the sentencing decision within the regulatory legal framework although in many jurisdictions, prosecutors, parole officials or others will have made decisions about a case prior to the sentencing decision of the judge. Which addressed both public misconceptions, and assertions around judicial independence. Which highlighted in a report from the Justice Select Committee of

1430-805: A national centre for Gaelic Language and Culture, based in Sleat , on the Isle of Skye . This institution is the only source for higher education which is conducted entirely in Scottish Gaelic. They offer courses for Gaelic learners from beginners into fluency. They also offer regular bachelors and graduate programs delivered entirely in Gaelic. Concerns have been raised around the fluency achieved by learners within these language programs because they are disconnected from vernacular speech communities. In regard to language revitalization planning efforts, many feel that

1540-636: A predominantly lay Council, and guidelines that were binding on the Appeal Court would: ...be a gross derogation from the independence of the judiciary and entirely unwarranted. They went to question if such a situation would allow the Appeal Court to be regarded as independent and impartial tribunal under Article 6 of the European Convention on Human Rights . The Royal Society of Edinburgh expressed further concerns that sentencing

1650-549: A process of Gaelicisation (which may have begun generations earlier) was clearly under way during the reigns of Caustantín and his successors. By a certain point, probably during the 11th century, all the inhabitants of Alba had become fully Gaelicised Scots, and Pictish identity was forgotten. Bilingualism in Pictish and Gaelic, prior to the former's extinction, led to the presence of Pictish loanwords in Gaelic and syntactic influence which could be considered to constitute

1760-610: A proportion of Gaelic speakers greater than 65% (the highest value is in Barvas , Lewis , with 64.1%). In addition, no civil parish on mainland Scotland has a proportion of Gaelic speakers greater than 20% (the highest is in Ardnamurchan , Highland , with 19.3%). Out of a total of 871 civil parishes in Scotland, the proportion of Gaelic speakers exceeds 50% in seven parishes, 25% in 14 parishes, and 10% in 35 parishes. Decline in traditional areas has recently been balanced by growth in

1870-536: A situation where new learners struggle to find opportunities to speak Gaelic with fluent speakers. Affect is the way people feel about something, or the emotional response to a particular situation or experience. For Gaelic speakers, there is a conditioned and socialized negative affect through a long history of negative Scottish media portrayal and public disrespect, state mandated restrictions on Gaelic usage, and highland clearances . This negative affect towards speaking openly with non-native Gaelic speakers has led to

1980-513: A study by Millie, Tombs and Hough, comparing sentencing decisions between Scotland and England & Wales, noted that Scotland did not have a well developed body of guideline judgments, and that Sheriffs, Senators, and Justices of the Peace tended to consider how a sentenced might be perceived by the Court of Criminal Appeal. The authors also noted that judges in Scotland would welcome more guidance from

2090-625: A translation of the New Testament. In 1798, four tracts in Gaelic were published by the Society for Propagating the Gospel at Home, with 5,000 copies of each printed. Other publications followed, with a full Gaelic Bible in 1801. The influential and effective Gaelic Schools Society was founded in 1811. Their purpose was to teach Gaels to read the Bible in their own language. In the first quarter of

2200-490: Is a significant step forward for the recognition of Gaelic both at home and abroad and I look forward to addressing the council in Gaelic very soon. Seeing Gaelic spoken in such a forum raises the profile of the language as we drive forward our commitment to creating a new generation of Gaelic speakers in Scotland." Bilingual road signs, street names, business and advertisement signage (in both Gaelic and English) are gradually being introduced throughout Gaelic-speaking regions in

2310-631: Is able to meet the increasingly complex needs of members of the Faculty of Advocates. In addition, the library's stock is made available to others via the National Library of Scotland . The Library was formally inaugurated in 1689. From the start the collection was a general one. In 1709 the status of the collection was confirmed when Queen Anne 's Copyright Act gave the Keeper of the Library

SECTION 20

#1732780743523

2420-688: Is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland , especially the Court of Session and the High Court of Justiciary . The Faculty of Advocates is a constituent part of the College of Justice and is based in Edinburgh . Advocates are privileged to plead in any cause before any of the courts of Scotland , including the sheriff courts and district courts , where counsel are not excluded by statute . The Faculty has existed since 1532 when

2530-413: Is consistent when offenders committing similar offences are punished with similar penalties by different sentencers, whether those sentencers sit in the same court or different courts. In his report Lord Macfadyen did conclude that there was evidence of inconsistency, and did not agree that there should be variation between the sentences given to broadly similar cases. As such, he recommended the creation of

2640-412: Is for the courts to decide on the most appropriate sentence, within the limits provided by Parliament, in any particular case. Each case is unique and only the court hears all the facts and circumstances surrounding the offence and the offender. The Council as established would have a judicial majority, have its guidelines subject to ratification, rejection, or amendment by the High Court of Justiciary, and

2750-473: Is made up of elected and ex officio members. The Faculty is self-regulating, but subject to the overriding supervision of the Lord President of the Court of Session , who delegates to it the task of preparing Intrants for admission as advocates. This task involves a process of examination and practical instruction known as devilling , during which intrants benefit from intensive structured training in

2860-411: Is no evidence that Gaelic was ever widely spoken. Many historians mark the reign of King Malcolm Canmore ( Malcolm III ) between 1058 and 1093 as the beginning of Gaelic's eclipse in Scotland. His wife Margaret of Wessex spoke no Gaelic, gave her children Anglo-Saxon rather than Gaelic names, and brought many English bishops, priests, and monastics to Scotland. When Malcolm and Margaret died in 1093,

2970-820: Is recommend persons for appointment. At the same time, the Lord Justice General must consult the Dean of the Faculty of Advocates and the President of the Law Society of Scotland before appointing an advocate or solicitor. The prosecutor is nominated by the Lord Advocate, and a Senator and sheriff principal can nominate themselves. The members of the Scottish Sentencing Council as of 25 September 2021 were: The Scottish Sentencing Council

3080-762: Is supported by a secretariat which is provided by the Scottish Courts and Tribunals Service , as required by order of the Scottish Ministers in The Scottish Courts and Tribunals Service (Administrative Support) (Specified Persons) Order 2015 , under a power granted by Section 62 of the Judiciary and Courts (Scotland) 2008. The Secretariat is headed up by Ondine Tennant, who was appointed in October 2014, and holds an LLB (Hons) in Law and Politics from

3190-545: Is the belief that when a judge sentences an offender to, say, 3 years in prison that they should spend 3 years in prison. In response to Lord Macfadyen's report the Scottish Government proposed the creation of Scottish Sentencing Council, but their initial proposal was not well received by the legal profession or judiciary in Scotland. The Scottish Government's proposal was for the Council's guidelines to be binding on appeals court (the High Court of Justiciary at

3300-660: The Advisory Panel on Sentencing in Scotland with powers broadly similar to the current Scottish Sentencing Council. Lord Macfadyen's report was written following an inquiry by the Justice 1 Committee of the Scottish Parliament in 2002. In its report Public Attitudes Towards Sentencing and Alternatives to Imprisonment , the Committee found that the public had limited knowledge of the sentencing powers of

3410-690: The Celtic branch of the Indo-European language family ) native to the Gaels of Scotland . As a Goidelic language, Scottish Gaelic, as well as both Irish and Manx , developed out of Old Irish . It became a distinct spoken language sometime in the 13th century in the Middle Irish period, although a common literary language was shared by the Gaels of both Ireland and Scotland until well into

Scottish Sentencing Council - Misplaced Pages Continue

3520-545: The College of Justice was set up by Act of the Parliament of Scotland , but its origins are believed to predate that event. No curriculum of study, residence or professional training was, until 1856, required on entering this profession, but the faculty always had the power of rejecting any candidate for admission. Subsequently candidates underwent two private examinations; one in general scholarship that could be substituted by evidence of an equivalent university degree, and

3630-837: The European Charter for Regional or Minority Languages , which the UK Government has ratified, and the Gaelic Language (Scotland) Act 2005 established a language-development body, Bòrd na Gàidhlig . The Scottish Parliament is considering a Scottish Languages Bill which proposes to give the Gaelic and Scots languages official status in Scotland. Aside from "Scottish Gaelic", the language may also be referred to simply as "Gaelic", pronounced / ˈ ɡ æ l ɪ k / GAL -ik in English . However, "Gaelic" / ˈ ɡ eɪ l ɪ k / GAY -lik also refers to

3740-625: The High Court of Justiciary , sheriff courts , and justice of the peace courts . It has been established to improve public confidence in sentencing in Scotland, and at the same time ensure judicial independence . It is chaired by the Lord Justice Clerk (the second most senior judge in Scotland), and its membership is composed of 5 members of the judiciary , 3 lawyers, and 3 lay members. It has been established to ensure consistency and transparency. The Scottish Sentencing Council has

3850-588: The House of Commons in 2009, where it was recognised that Parliament, as a legislature, was responsible for defining the overall framework. The Scottish Government affirmed its commitment to judicial independence in both the Judiciary and Courts (Scotland) Act 2008 and the Courts Reform (Scotland) Act 2014 , and agreed that it was important that there remain judicial discretion in sentencing, stating: It

3960-555: The Outer Hebrides , accommodation ethics exist amongst native or local Gaelic speakers when engaging with new learners or non-locals. Accommodation ethics, or ethics of accommodation, is a social practice where local or native speakers of Gaelic shift to speaking English when in the presence of non-Gaelic speakers out of a sense of courtesy or politeness. This accommodation ethic persists even in situations where new learners attempt to speak Gaelic with native speakers. This creates

4070-688: The Scottish Lowlands . Between the 2001 and 2011 censuses, the number of Gaelic speakers rose in nineteen of the country's 32 council areas. The largest absolute gains were in Aberdeenshire (+526), North Lanarkshire (+305), the Aberdeen City council area (+216), and East Ayrshire (+208). The largest relative gains were in Aberdeenshire (+0.19%), East Ayrshire (+0.18%), Moray (+0.16%), and Orkney (+0.13%). In 2018,

4180-553: The University of Edinburgh . She previously worked for the Scottish Civil Justice Council . She is supported by various policy, legal, communication, and research officers. Scottish Gaelic language Scottish Gaelic ( / ˈ ɡ æ l ɪ k / , GAL -ik ; endonym : Gàidhlig [ˈkaːlɪkʲ] ), also known as Scots Gaelic or simply Gaelic , is a Goidelic language (in

4290-449: The courts of Scotland , and that the public felt the courts were too lenient. However, they also found that the public were supportive of measures such as Drug and Treatment Orders, and that members of the public gave broadly similar punishments to the courts in real life. Another issue arose was the public demand for truth in sentencing , and that the public were cynical and distrustful because of automatic early release. Truth in sentencing

4400-715: The significant increase in pupils in Gaelic-medium education since that time is unknown. Gaelic Medium Education is one of the primary ways that the Scottish Government is addressing Gaelic language shift. Along with the Bòrd na Gàidhlig policies, preschool and daycare environments are also being used to create more opportunities for intergenerational language transmission in the Outer Hebrides.  However, revitalization efforts are not unified within Scotland or Nova Scotia, Canada. One can attend Sabhal Mòr Ostaig ,

4510-477: The 17th century. Most of modern Scotland was once Gaelic-speaking, as evidenced especially by Gaelic-language place names. In the 2011 census of Scotland , 57,375 people (1.1% of the Scottish population aged over three years old) reported being able to speak Gaelic, 1,275 fewer than in 2001. The highest percentages of Gaelic speakers were in the Outer Hebrides . Nevertheless, there is a language revival , and

Scottish Sentencing Council - Misplaced Pages Continue

4620-601: The 19th century, the SSPCK (despite their anti-Gaelic attitude in prior years) and the British and Foreign Bible Society distributed 60,000 Gaelic Bibles and 80,000 New Testaments. It is estimated that this overall schooling and publishing effort gave about 300,000 people in the Highlands some basic literacy. Very few European languages have made the transition to a modern literary language without an early modern translation of

4730-404: The 2011 Census. The 2011 total population figure comes from table KS101SC. The numbers of Gaelic speakers relate to the numbers aged 3 and over, and the percentages are calculated using those and the number of the total population aged 3 and over. Across the whole of Scotland, the 2011 census showed that 25,000 people (0.49% of the population) used Gaelic at home. Of these, 63.3% said that they had

4840-407: The 4th–5th centuries CE, by settlers from Ireland who founded the Gaelic kingdom of Dál Riata on Scotland's west coast in present-day Argyll . An alternative view has been voiced by archaeologist Ewan Campbell , who has argued that the putative migration or takeover is not reflected in archaeological or placename data (as pointed out earlier by Leslie Alcock ). Campbell has also questioned

4950-639: The Advocates' Library 1956–1969. In 2004 the first female vice-dean of the faculty was elected. The Faculty is led by the Dean of Faculty, who is elected by the whole membership. The post is currently held by Roddy Dunlop KC, who succeeded Gordon Jackson in July 2020. He is supported by the Vice-Dean, Treasurer, Clerk, Keeper of the Library and Chairman of Faculty Services Ltd, all of whom are also elected. The Dean regularly consults with Faculty Council, which

5060-519: The Appeal Court would be able to set aside the guidelines when determining an appeal. The Criminal Justice and Licensing (Scotland) Act 2010 as enacted had the Lord Justice Clerk as chair of the Council ex officio and granted a judicial majority on the Council. The Council was to have as judicial members a judge of the Outer House who sat in the High Court of Jusiciary, a sheriff (who was not sheriff principal), 2 summary sheriffs or justices of

5170-715: The Appeal Court. The Scottish Sentencing Council's own website, as of 22 April 2017, only listed 5 guideline judgments for solemn cases, and 1 guideline judgment for summary cases. There were a further 7 cases that the Council regarded as providing guidance, but these were not issued under the Criminal Procedure (Scotland) Act 1995. The first set of sentencing guidelines the Scottish Sentencing Council will seek to develop are guidelines on wildlife and environmental offences, and causing death by dangerous driving . Both are areas that are seen as complex, and can lead to difficult sentencing decisions. The Falkirk Herald ran

5280-482: The Association asserted that it should have a judicial majority. The Sheriffs' Association asserted that the appeal courts should remain the final arbiter of any sentencing guidelines, and that judges should not be named-and-shamed for deviating from the guidelines. The Sheriffs' Association concurred with the Faculty of Advocates in rejecting an observer from the Scottish Government. The High Court of Justiciary

5390-569: The Bible; the lack of a well known translation may have contributed to the decline of Scottish Gaelic. Counterintuitively, access to schooling in Gaelic increased knowledge of English. In 1829, the Gaelic Schools Society reported that parents were unconcerned about their children learning Gaelic, but were anxious to have them taught English. The SSPCK also found Highlanders to have significant prejudice against Gaelic. T. M. Devine attributes this to an association between English and

5500-472: The Coroners and Justice Act 2009, which states: Every court— (a) must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender's case, and (b) must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, unless the court is satisfied that it would be contrary to

5610-525: The Council, but they agreed with the High Court, Sheriffs' Association and Faculty of Advocates that the appeal courts should have the power to vary (dismiss, reduce, or increase) the sentence of convicts. In England and Wales the guidelines produced by the Sentencing Council are more prescriptive in nature, with the Courts of England and Wales required to follow the guidelines, as required by

SECTION 50

#1732780743523

5720-598: The Council. The establishment of the Scottish Sentencing Council was a response to the report The Scope to Improve Consistency in Sentencing , published in 2006 by Lord Macfadyen as part of the Sentencing Commission for Scotland. Lord Macfadyen identified that little research had been done into the consistency of sentencing , but that there was public perception that there is inconsistency. Lord Macfadyen defined consistency in sentencing as: Sentencing

5830-592: The Criminal Procedure (Scotland) Act 1995 , and power to issue guidelines judgments is granted to the Sheriff Appeal Court by Section 48 of the Courts Reform (Scotland) Act 2014 . In guideline judgments the judges or Appeal Sherrifs can give guidance on how sentencing should be handled in similar cases. Such guidelines are binding on other judges and sheriffs (for High Court guideline judgments) and on other sheriffs (for Sheriff Appeal Court judgments). The Sentencing Council will need to prepare or modify sentencing guidelines in response to such judgments. However, in 2007

5940-498: The EU's institutions. The Scottish government had to pay for the translation from Gaelic to other European languages . The deal was received positively in Scotland; Secretary of State for Scotland Jim Murphy said the move was a strong sign of the UK government's support for Gaelic. He said; "Allowing Gaelic speakers to communicate with European institutions in their mother tongue is a progressive step forward and one which should be welcomed". Culture Minister Mike Russell said; "this

6050-670: The Faculty's long standing commitment to providing access to justice for everyone in society. The FLSU enables qualified persons to provide advice and representation to clients of accredited advice agencies (including CAS) across Scotland. (In order to devil a person has to first undergo a period of training in a solicitor 's office.) The Faculty includes practising and non-practising members. The current practising Bar includes an increasing proportion of women. Women make up approximately one quarter practising membership. Total numbers now stand at just over 460, of whom approximately one fifth are King's Counsel . The taking of Silk, as assumption of

6160-484: The Forth–Clyde line and along the northeastern coastal plain as far north as Moray. Norman French completely displaced Gaelic at court. The establishment of royal burghs throughout the same area, particularly under David I , attracted large numbers of foreigners speaking Old English. This was the beginning of Gaelic's status as a predominantly rural language in Scotland. Clan chiefs in the northern and western parts of Scotland continued to support Gaelic bards who remained

6270-415: The Gaelic Act falls so far short of the status accorded to Welsh that one would be foolish or naïve to believe that any substantial change will occur in the fortunes of the language as a result of Bòrd na Gàidhlig 's efforts. On 10 December 2008, to celebrate the 60th anniversary of the Universal Declaration of Human Rights , the Scottish Human Rights Commission had the UDHR translated into Gaelic for

6380-582: The Gaelic aristocracy rejected their anglicised sons and instead backed Malcolm's brother Domnall Bán ( Donald III ). Donald had spent 17 years in Gaelic Ireland and his power base was in the thoroughly Gaelic west of Scotland. He was the last Scottish monarch to be buried on Iona , the traditional burial place of the Gaelic Kings of Dàl Riada and the Kingdom of Alba. However, during the reigns of Malcolm Canmore's sons, Edgar, Alexander I and David I (their successive reigns lasting 1097–1153), Anglo-Norman names and practices spread throughout Scotland south of

6490-403: The High Court of Jusiciary, a sheriff (who was not sheriff principal), 2 summary sheriffs or justices of the peace, and a sheriff principal. The remaining members are appointed by the Scottish Minister, who must consult the Lord Justice General. The non-judicial members of the Council include a prosecutor (Advocate Depute or procurator fiscal) from the Crown Office , an advocate , a solicitor ,

6600-442: The Highland and Island region. In 1616, the Privy Council proclaimed that schools teaching in English should be established. Gaelic was seen, at this time, as one of the causes of the instability of the region. It was also associated with Catholicism. The Society in Scotland for the Propagation of Christian Knowledge (SSPCK) was founded in 1709. They met in 1716, immediately after the failed Jacobite rising of 1715 , to consider

6710-416: The Highlands and Islands, including Argyll. In many cases, this has simply meant re-adopting the traditional spelling of a name (such as Ràtagan or Loch Ailleart rather than the anglicised forms Ratagan or Lochailort respectively). Some monolingual Gaelic road signs, particularly direction signs, are used on the Outer Hebrides , where a majority of the population can have a working knowledge of

SECTION 60

#1732780743523

6820-426: The Inner Hebridean dialects of Tiree and Islay, and even a few native speakers from Western Highland areas including Wester Ross , northwest Sutherland , Lochaber and Argyll . Dialects on both sides of the Straits of Moyle (the North Channel ) linking Scottish Gaelic with Irish are now extinct, though native speakers were still to be found on the Mull of Kintyre , on Rathlin and in North East Ireland as late as

6930-410: The Irish language ( Gaeilge ) and the Manx language ( Gaelg ). Scottish Gaelic is distinct from Scots , the Middle English -derived language which had come to be spoken in most of the Lowlands of Scotland by the early modern era . Prior to the 15th century, this language was known as Inglis ("English") by its own speakers, with Gaelic being called Scottis ("Scottish"). Beginning in

7040-417: The Scottish Sentencing Council are laid down in Schedule 1 of the Criminal Justice and Licensing (Scotland) Act 2010. Schedule 1 states that the Lord Justice Clerk is chair of the Council ex officio (by right of office), with 5 other judicial members of appointed by the Lord Justice General after consultation with the Scottish Ministers . The judicial members include a judge of the Outer House who sat in

7150-428: The UK Government as Welsh . With the advent of devolution , however, Scottish matters have begun to receive greater attention, and it achieved a degree of official recognition when the Gaelic Language (Scotland) Act was enacted by the Scottish Parliament on 21 April 2005. The key provisions of the Act are: After its creation, Bòrd na Gàidhlig required a Gaelic Language Plan from the Scottish Government. This plan

7260-581: The Western Isles (−1,745), Argyll & Bute (−694), and Highland (−634). The drop in Stornoway , the largest parish in the Western Isles by population, was especially acute, from 57.5% of the population in 1991 to 43.4% in 2011. The only parish outside the Western Isles over 40% Gaelic-speaking is Kilmuir in Northern Skye at 46%. The islands in the Inner Hebrides with significant percentages of Gaelic speakers are Tiree (38.3%), Raasay (30.4%), Skye (29.4%), Lismore (26.9%), Colonsay (20.2%), and Islay (19.0%). Today, no civil parish in Scotland has

7370-589: The Western Isles. The Scottish Qualifications Authority offer two streams of Gaelic examination across all levels of the syllabus: Gaelic for learners (equivalent to the modern foreign languages syllabus) and Gaelic for native speakers (equivalent to the English syllabus). An Comunn Gàidhealach performs assessment of spoken Gaelic, resulting in the issue of a Bronze Card, Silver Card or Gold Card. Syllabus details are available on An Comunn's website. These are not widely recognised as qualifications, but are required for those taking part in certain competitions at

7480-466: The age and reliability of the medieval historical sources speaking of a conquest. Instead, he has inferred that Argyll formed part of a common Q-Celtic -speaking area with Ireland, connected rather than divided by the sea, since the Iron Age. These arguments have been opposed by some scholars defending the early dating of the traditional accounts and arguing for other interpretations of the archaeological evidence. Regardless of how it came to be spoken in

7590-408: The annual mods . In October 2009, a new agreement allowed Scottish Gaelic to be formally used between Scottish Government ministers and European Union officials. The deal was signed by Britain's representative to the EU, Sir Kim Darroch , and the Scottish government . This did not give Scottish Gaelic official status in the EU but gave it the right to be a means of formal communications in

7700-509: The appeal courts. They asserted it remove any separation of powers between the judiciary, executive, and legislature. The response of the High Court called for 2 High Court judges, 2 sheriffs, and possibly a Sheriff Principal . Scottish Women's Aid were deeply concerned about inconsistency in sentencing, highlighting that sheriffs had recognised the problem, and wanted the Sentencing Council to address this. Scottish Women's Aid asserted that there should be more than one victims' right advocate on

7810-462: The authority of the Court of Criminal Appeal or Sheriff Appeal Court who retain the power to issue guideline judgments that are binding on the courts of Scotland , and require the Council to review its guidelines. Guideline judgments can be issued by the High Court of Justiciary (sitting as the Court of Appeal) and the Sheriff Appeal Court . The High Court guideline can issue guideline judgments under powers granted by Sections 118(7) and 189(7) of

7920-418: The authority to produce guidelines for approval by the High Court of Justiciary , that will guide judges, sheriffs, and justices of the peace on the sentences they should pass on a convict in Scotland. All sentencing guidelines are submitted to the High Court of Justiciary for approval, and the High Court may approve, amend, or reject the guidelines produced by the Council. Such guidelines are also subject to

8030-603: The bill be strengthened, a revised bill was published; the main alteration was that the guidance of the Bòrd is now statutory (rather than advisory). In the committee stages in the Scottish Parliament, there was much debate over whether Gaelic should be given 'equal validity' with English. Due to executive concerns about resourcing implications if this wording was used, the Education Committee settled on

8140-625: The census of pupils in Scotland showed 520 students in publicly funded schools had Gaelic as the main language at home, an increase of 5% from 497 in 2014. During the same period, Gaelic medium education in Scotland has grown, with 4,343 pupils (6.3 per 1000) being educated in a Gaelic-immersion environment in 2018, up from 3,583 pupils (5.3 per 1000) in 2014. Data collected in 2007–2008 indicated that even among pupils enrolled in Gaelic medium schools, 81% of primary students and 74% of secondary students report using English more often than Gaelic when speaking with their mothers at home. The effect on this of

8250-568: The cities and professors of Celtic from universities who sought to preserve the language. The Education (Scotland) Act 1872 provided universal education in Scotland, but completely ignored Gaelic in its plans. The mechanism for supporting Gaelic through the Education Codes issued by the Scottish Education Department were steadily used to overcome this omission, with many concessions in place by 1918. However,

8360-499: The concept of 'equal respect'. It is not clear what the legal force of this wording is. The Act was passed by the Scottish Parliament unanimously, with support from all sectors of the Scottish political spectrum, on 21 April 2005. Under the provisions of the Act, it will ultimately fall to BnG to secure the status of the Gaelic language as an official language of Scotland. Some commentators, such as Éamonn Ó Gribín (2006) argue that

8470-499: The dialect of the Scottish Gaelic language, and also mixed use of English and Gaelic across the Highlands and Islands. Dialects of Lowland Gaelic have been defunct since the 18th century. Gaelic in the Eastern and Southern Scottish Highlands, although alive until the mid-20th century, is now largely defunct. Although modern Scottish Gaelic is dominated by the dialects of the Outer Hebrides and Isle of Skye, there remain some speakers of

8580-582: The entire region of modern-day Scotland was called Scotia in Latin, and Gaelic was the lingua Scotica . In southern Scotland , Gaelic was strong in Galloway , adjoining areas to the north and west, West Lothian , and parts of western Midlothian . It was spoken to a lesser degree in north Ayrshire , Renfrewshire , the Clyde Valley and eastern Dumfriesshire . In south-eastern Scotland, there

8690-450: The establishment of the Scottish Sentencing Council had been brought by six months, to expedite the formulation of a more consistent system of sentencing in Scotland, but also creating one that was, in the words of Scottish Government, "less prescriptive" than found in other jurisdictions. The Scottish Sentencing Council is an independent advisory non-departmental public body in Scotland, with that exists to ensure consistency in sentencing in

8800-502: The first time. However, given there are no longer any monolingual Gaelic speakers, following an appeal in the court case of Taylor v Haughney (1982), involving the status of Gaelic in judicial proceedings, the High Court ruled against a general right to use Gaelic in court proceedings. While the goal of the Gaelic Language Act was to aid in revitalization efforts through government mandated official language status,

8910-479: The initiatives must come from within Gaelic speaking communities, be led by Gaelic speakers, and be designed to serve and increase fluency within the vernacular communities as the first and most viable resistance to total language shift from Gaelic to English. Currently, language policies are focused on creating new language speakers through education, instead of focused on how to strengthen intergenerational transmission within existing Gaelic speaking communities. In

9020-461: The interests of justice to do so . The Royal Society of Edinburgh in considering the establishment of the Scottish Sentencing Council looked at the example of England and Wales, with the more binding nature of guidelines, and identified that many more crimes in England and Wales have sentences prescribed by statute than is the case in Scotland. It was their assertion that the original proposal, with

9130-403: The judicial membership of the Council. The Faculty also rejected the attendance of an observer from the Scottish Government. The Sheriffs' Association asserted that the proposals would erode judicial independence , and by unanimous decision the Council of the Association rejected the entire proposal for a sentencing council. Nonetheless, recognising that such a Sentencing Council would be created

9240-502: The language. Compared with the 2001 Census, there has been a diminution of about 1300 people. This is the smallest drop between censuses since the Gaelic-language question was first asked in 1881. The Scottish government's language minister and Bòrd na Gàidhlig took this as evidence that Gaelic's long decline has slowed. The main stronghold of the language continues to be the Outer Hebrides ( Na h-Eileanan Siar ), where

9350-593: The language. These omit the English translation entirely. Bilingual railway station signs are now more frequent than they used to be. Practically all the stations in the Highland area use both English and Gaelic, and the use of bilingual station signs has become more frequent in the Lowlands of Scotland, including areas where Gaelic has not been spoken for a long time. Faculty of Advocates The Faculty of Advocates ( Scottish Gaelic : Dàmh an Luchd-tagraidh )

9460-532: The late 15th century, it became increasingly common for such speakers to refer to Scottish Gaelic as Erse ("Irish") and the Lowland vernacular as Scottis . Today, Scottish Gaelic is recognised as a separate language from Irish, so the word Erse in reference to Scottish Gaelic is no longer used. Based on medieval traditional accounts and the apparent evidence from linguistic geography, Gaelic has been commonly believed to have been brought to Scotland, in

9570-459: The members of Highland school boards tended to have anti-Gaelic attitudes and served as an obstacle to Gaelic education in the late 19th and early 20th century. Loss of life due to World War I and the 1919 sinking of the HMY Iolaire , combined with emigration, resulted in the 1910s seeing unprecedented damage to the use of Scottish Gaelic, with a 46% fall in monolingual speakers and

9680-734: The mid-20th century. Records of their speech show that Irish and Scottish Gaelic existed in a dialect chain with no clear language boundary. Some features of moribund dialects have been preserved in Nova Scotia, including the pronunciation of the broad or velarised l ( l̪ˠ ) as [w] , as in the Lochaber dialect. The Endangered Languages Project lists Gaelic's status as "threatened", with "20,000 to 30,000 active users". UNESCO classifies Gaelic as " definitely endangered ". The 1755–2001 figures are census data quoted by MacAulay. The 2011 Gaelic speakers figures come from table KS206SC of

9790-532: The modern era. Some of this was driven by policy decisions by government or other organisations, while some originated from social changes. In the last quarter of the 20th century, efforts began to encourage use of the language. The Statutes of Iona , enacted by James VI in 1609, was one piece of legislation that addressed, among other things, the Gaelic language. It required the heirs of clan chiefs to be educated in lowland, Protestant, English-speaking schools. James VI took several such measures to impose his rule on

9900-434: The number of speakers of the language under age 20 did not decrease between the 2001 and 2011 censuses. In the 2022 census of Scotland , it was found that 2.5% of the Scottish population had some skills in Gaelic, or 130,161 persons. Of these, 69,701 people reported speaking the language, with a further 46,404 people reporting that they understood the language, but did not speak, read, or write in it. Outside of Scotland,

10010-695: The official language of government and law. Scotland's emergent nationalism in the era following the conclusion of the Wars of Scottish Independence was organized using Scots as well. For example, the nation's great patriotic literature including John Barbour's The Brus (1375) and Blind Harry's The Wallace (before 1488) was written in Scots, not Gaelic. By the end of the 15th century, English/Scots speakers referred to Gaelic instead as 'Yrisch' or 'Erse', i.e. Irish and their own language as 'Scottis'. A steady shift away from Scottish Gaelic continued into and through

10120-471: The other, at the interval of a year, in Roman , private international and Scots law , along with evidence of having attended approved classes. For a long period the Faculty resisted reorganisation, until changes in admissions were introduced in 1960. The first woman to be admitted to the faculty was Margaret Kidd in July 1923, who remained Scotland's only female advocate until 1948. Kidd served as Keeper of

10230-459: The outcome of the act is distanced from the actual minority language communities. It helps to create visibility of the minority language in civil structures, but does not impact or address the lived experiences of the Gaelic speaker communities wherein the revitalization efforts may have a higher return of new Gaelic speakers. Efforts are being made to concentrate resources, language planning, and revitalization efforts towards vernacular communities in

10340-560: The overall proportion of speakers is 52.2%. Important pockets of the language also exist in the Highlands (5.4%) and in Argyll and Bute (4.0%) and Inverness (4.9%). The locality with the largest absolute number is Glasgow with 5,878 such persons, who make up over 10% of all of Scotland's Gaelic speakers. Gaelic continues to decline in its traditional heartland. Between 2001 and 2011, the absolute number of Gaelic speakers fell sharply in

10450-626: The peace, and a sheriff principal. The Council was to have, as legally qualified members a prosecutor from the Crown Office , an advocate , and a solicitor . As lay members the Council was to have a constable , a victims' rights advocate, and a further lay member. The Scottish Sentencing Council was established by the Scottish Ministers on 19 October 2015 under powers granted by the Criminal Justice and Licensing (Scotland) Act 2010. Out-law.com reported on 23 February 2015, that

10560-466: The prosperity of employment: the Highland economy relied greatly on seasonal migrant workers travelling outside the Gàidhealtachd . In 1863, an observer sympathetic to Gaelic stated that "knowledge of English is indispensable to any poor islander who wishes to learn a trade or to earn his bread beyond the limits of his native Isle". Generally, rather than Gaelic speakers, it was Celtic societies in

10670-460: The reform and civilisation of the Highlands, which they sought to achieve by teaching English and the Protestant religion. Initially, their teaching was entirely in English, but soon the impracticality of educating Gaelic-speaking children in this way gave rise to a modest concession: in 1723, teachers were allowed to translate English words in the Bible into Gaelic to aid comprehension, but there

10780-587: The region, Gaelic in Scotland was mostly confined to Dál Riata until the eighth century, when it began expanding into Pictish areas north of the Firth of Forth and the Firth of Clyde. During the reign of Caustantín mac Áeda (Constantine II, 900–943), outsiders began to refer to the region as the kingdom of Alba rather than as the kingdom of the Picts. However, though the Pictish language did not disappear suddenly,

10890-485: The right to claim a copy of every book published in the British Isles. The collection was enhanced by purchase and donation, particularly of continental imprints and of manuscripts . The Advocates Library came to be recognised as the natural depository for literary materials of national importance. By the 1850s the Library had become in effect Scotland's national library. In 1925 the National Library of Scotland

11000-476: The special skills of advocacy. No-one can be presented to the court as suitable to be a practising advocate without satisfying these training requirements. The Faculty also provides for its members an ongoing programme of talks, seminars and conferences covering a wide range of topics. Many Advocates and trainee advocates carry out work for the Free Legal Services Unit (FLSU). This is part of

11110-463: The structure and remit of the Council faced opposition from the Faculty of Advocates and the Sheriffs' Association (representing the permanent and salaried sheriffs of Scotland) who both challenged the judicial minority on the Council, and the binding nature of the guidelines. The Faculty of Advocates proposed there should be at least 2 High Court judges, 1 sheriff, and 1 part-time sheriff to increase

11220-671: The subject of some criticism. For more than 300 years, the Faculty has maintained within Parliament House the Advocates Library , often regarded as the finest working law library in the United Kingdom . A comprehensive range of materials has been built up over the last three hundred years, and a modern library management system utilising the latest technology, ensure that the Advocates Library

11330-487: The time), and the appeal courts only able to request to the Council to revise its guidelines. The proposed structure of the Council only had 3 judicial members (1 High Court judge , 1 Sheriff , and 1 stipendiary magistrate or justice of the peace ) with 5 other members. The other 5 members were proposed to be 1 prosecutor , 1 representative of Association of Chief Police Officers in Scotland , 1 advocate , 1 solicitor and 1 representative for victims' rights . Both

11440-571: The title of King's Counsel is commonly known, depends upon the prerogative of His Majesty. This is exercised through the First Minister of Scotland upon the recommendation of the Lord Justice General . The Dean of Faculty is consulted in the course of this process. As a general rule, silk is awarded to experienced Counsel, who are considered to have achieved distinction in full-time practice. The process of awarding silk has been

11550-399: Was accepted in 2008, and some of its main commitments were: identity (signs, corporate identity); communications (reception, telephone, mailings, public meetings, complaint procedures); publications (PR and media, websites); staffing (language learning, training, recruitment). Following a consultation period, in which the government received many submissions, the majority of which asked that

11660-464: Was as emphatic in its rejection of the relationship between the proposed Sentencing Council and any appeal court finding the proposals "unsatisfactory, unworkable and unacceptable." Agreeing with both the Faculty of Advocates and Sheriffs' Association that it would erode judicial independence. The High Court concluded it would remove the Court of Criminal Appeal as the final arbiter of sentencing policy, and removing any discretion or ability to direct from

11770-445: Was established when the Faculty gifted to the nation its whole non-law collections comprising 750,000 books , pamphlets , manuscripts (notably those of Walter Scott ), maps and sheet music . The Advocates Library has retained the copyright privilege for law publications. In recent years the Advocates Library has expanded to take account of the increase in membership of the Faculty. Advances in technology have been embraced with

11880-554: Was long suppressed. The UK government has ratified the European Charter for Regional or Minority Languages in respect of Gaelic. Gaelic, along with Irish and Welsh, is designated under Part III of the Charter, which requires the UK Government to take a range of concrete measures in the fields of education, justice, public administration, broadcasting and culture. It has not received the same degree of official recognition from

11990-510: Was no further permitted use. Other less prominent schools worked in the Highlands at the same time, also teaching in English. This process of anglicisation paused when evangelical preachers arrived in the Highlands, convinced that people should be able to read religious texts in their own language. The first well known translation of the Bible into Scottish Gaelic was made in 1767, when James Stuart of Killin and Dugald Buchanan of Rannoch produced

12100-572: Was to be determined solely by the Council, and not by either the High Court of Justiciary or the Scottish Parliament , and that the direct involvement of the Lord Advocate in sentencing would further erode judicial independence. Professor Neil Hutton, who could go on to be appointed as a Lay Member of the Council, wrote a research paper on involving the public in sentencing policy, and observed that no judiciary has sole control over sentencing. He stated that, Sentencing always takes place within

#522477