Judiciary of Scotland

Judiciary of Scotland

Agency overview
Formed	Early Middle Ages
Type	Judiciary
Jurisdiction	Scotland
Headquarters	Judicial Office for Scotland, Parliament House, Edinburgh, EH1 1RQ
Annual budget	£51.7 million (2013-14)[1]
Agency executives	Lord Carloway, Lord President Lady Dorrian, Lord Justice Clerk Kay McCorquodale, Executive Director Judicial Office
Parent department	Scottish Courts and Tribunals Service
Website	www.scotland-judiciary.org.uk
Map
Scotland in the UK and Europe

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Scots law
Administration Justice and Communities Directorate of the Scottish Government Cabinet Secretary for Justice Judicial Appointments Board Judicial Complaints Reviewer Parole Board for Scotland Legal Aid Board Courts & Tribunals Service College of Justice Office of the Public Guardian Scottish Sentencing Council Law Commission Criminal Cases Review Commission Prison Service
Civil courts Court of Session Lord President Lord Justice Clerk Lord of Session Office of the Accountant of Court Acts of Sederunt Sheriff Court Sheriff Appeal Court Sheriff Principal Sheriff Personal Injury Court Sheriff
Criminal courts High Court of Justiciary Lord Justice-General Lord Justice Clerk Lords Commissioner of Justiciary Acts of Adjournal Sheriff courts Sheriff Appeal Court Sheriff Principal Sheriffs Justice of the peace courts Justices of the peace
Special courts Court of the Lord Lyon Lord Lyon King of Arms Children's Reporter Administration Children's Hearings Land Court Lands Tribunal Scottish Solicitors' Discipline Tribunal
Criminal prosecution Lord Advocate Crown Office and Procurator Fiscal Service Advocate Depute Procurator fiscal Fiscal fine Precognition
Legal profession Judiciary Faculty of Advocates Advocate Law Society Solicitor-Advocate Solicitor Association of Commercial Attorneys Scottish Legal Complaints Commission
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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 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, 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 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 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 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.