The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon.
The Court of Session is the highest national court of Scotland in civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union establishing the United Kingdom provided that the court will "remain in all time coming".
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
The Senators of the College of Justice in Scotland are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session ; Lords Commissioners of Justiciary ; and the Chairman of the Scottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the term Senator is almost exclusively used in referring to the judges of these courts.
Alexander Featherstonhaugh Wylie, Lord Kinclaven was a Senator of the College of Justice, a judge of the Supreme Courts of Scotland.
William Austin Nimmo Smith is a former Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session. He retired from this position on 30 September 2009.
Derek Robert Alexander Emslie, Lord Kingarth is a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session. He is the son of former Lord President George Emslie, Baron Emslie, and younger brother of fellow judge Nigel Emslie, Lord Emslie, and older brother of rhino conservationist Dr Richard Emslie.
John Francis Wheatley, Lord Wheatley, PC is a Scottish lawyer and retired Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session. He is an authority on road traffic law. His father, John Wheatley, Baron Wheatley, was Lord Justice Clerk between 1972 and 1985, the second-most senior judge in Scotland.
Colin John MacLean Sutherland, Lord Carloway PC FRSE is a Scottish advocate and judge who has served as the Lord President of the Court of Session and Lord Justice General since 2015. He was previously Lord Justice Clerk from 2012 to 2015 and has been a Senator of the College of Justice since 2000. On 4 June 2024 Lord Carloway announced his intention to retire from judicial office in early 2025.
Matthew Gerard Clarke, Lord Clarke, PC was a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session.
Paul Benedict Cullen, Lord Pentland, is a former Solicitor General for Scotland, a Senator of the College of Justice and former chairman of the Scottish Law Commission.
Patrick Stewart Hodge, Lord Hodge, PC is a British lawyer, currently serving as Deputy President of the Supreme Court of the United Kingdom.
Colin Jack Tyre, Lord Tyre, is a Scottish lawyer, former President of the Council of Bars and Law Societies of Europe, and a Senator of the College of Justice, a judge of the Supreme Courts of Scotland.
An Act of Sederunt is secondary legislation made by the Court of Session, the supreme civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Originally made under an Act of the Parliament of Scotland of 1532, the modern power to make Acts of Sederunt is largely derived from the Courts Reform (Scotland) Act 2014. Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval.
The judiciary of Scotland 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 Principal Clerk of Session and Justiciary is the clerk of court responsible for the administration of the Supreme Courts of Scotland and their associated staff. The Keeper of the Signet grants a commission to the Principal Clerk of Session to allow His Majesty's Signet to be used.
Francis Bothwell of Edinburgh, Lord of Session, was a Scottish merchant, landowner, judge and politician. As a university graduate, he was called Master Francis Bothwell, or "Dominus" in Latin documents; however, this has been misunderstood by some writers, so he is occasionally, inaccurately, referred to as "Sir" Francis Bothwell.
John Bothwell of Auldhamer, Lord Holyroodhouse (c.1550–1609) was a 16th-century Scottish judge and Senator of the College of Justice residing at Holyrood House prior to it becoming a royal palace.
David Borthwick, Lord Lochill was a 16th-century Scottish landowner, Senator of the College of Justice and Lord Advocate of Scotland.
