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The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. The court was established in 1532 by an Act of the Parliament of Scotland, and was initially presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council. As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016.
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 Scottish Courts and Tribunals Service (SCTS) is an independent public body which is responsible for the administration of the courts and tribunals of Scotland. The Service is led by a board which is chaired by the Lord President of the Court of Session, and employs over 1000 staff members in the country's 39 sheriff courts, 34 justice of the peace courts, the Court of Session and the High Court of Justiciary, and at the service's headquarters in Edinburgh. The day-to-day administration of the service is the responsibility of its chief executive and executive directors. The Scottish Courts and Tribunals Service is also responsible for providing administrative services for the Judicial Office for Scotland, the Office of the Public Guardian, the Accountant of Court, the Criminal Courts Rules Council, and the Scottish Civil Justice Council.
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 Judicial Appointments Board for Scotland is an advisory non-departmental public body of the Scottish Government responsible for making recommendations on appointments to certain offices of the judiciary of Scotland. It was established in June 2002 on a non-statutory, ad hoc, basis by the Scottish Government, and was given statutory authority by the Judiciary and Courts (Scotland) Act 2008.
The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction covering disputes between landlords and tenants relating to agricultural tenancies, and matters related to crofts and crofters. The Scottish Land Court is both a trial court and an appeal court; hearings at first-instance are often heard by a Divisional Court of one of the Agricultural Members advised by the Principal Clerk. Decisions of the Divisional Court can be appealed to the Full Court, which will consist of at least one legally qualified judicial member and the remaining Agricultural Member. Some cases are heard at first-instance by the Full Court, and these cases may be appealed to the Inner House of the Court of Session.
Francis Mulholland, Lord Mulholland, is a Scottish judge who has been a Senator of the College of Justice since 2016. He previously served from 2011 to 2016 as Lord Advocate, one of the Great Officers of State of Scotland and the country's chief Law Officer, and as Solicitor General, the junior Law Officer.
The Lands Tribunal for Scotland is a tribunal with jurisdiction over land and property in Scotland, relating to title obligations, compulsory purchase and other private rights. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland.
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.
John Herbert McCluskey, Baron McCluskey was a Scottish lawyer, judge and politician, who served as Solicitor General for Scotland, the country's junior Law Officer from 1974 to 1979, and as a Senator of the College of Justice, a judge of Scotland's Supreme Courts, from 1984 to 2004. He was also member of the House of Lords from 1976 until his retirement in 2017.
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom. Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid.
Dorothy Ruth Bain is a Scottish advocate who has served as Lord Advocate since 2021. She is the second woman to hold the office after Lady Elish Angiolini KC. Bain previously served as the Principal Advocate Depute from 2009 to 2011, the first woman to hold the prosecutorial position in Scotland.
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.
Morag Barbara Wise, Lady Wise, is the President of the Scottish Tribunals and a Senator of the College of Justice, a judge of the Scotland's Supreme Courts.
Sarah Poyntell LaBudde Wolffe, Lady Wolffe is an American-born Scottish lawyer and judge who is currently a Professorship at the University of Strathclyde. She previously served as Senator of the College of Justice from 2014 to 2021. Wolffe was the first US-born member of the Scottish judiciary and the first woman appointed as a Commercial Judge in the Court of Session.
Roderick John MacLeod, Lord Minginish, also known as Roddy John, is a Scottish advocate. From 2014 until his retirement in December 2022, he was Chairman of the Scottish Land Court and President of the Lands Tribunal for Scotland. He was the first Gaelic-speaking chair of the court.
The Sheriff Personal Injury Court is a Scottish court with exclusive competence over claims relating to personal injury where the case is for a work-related accident claim in excess of £1,000, where the total amount claimed is in excess of £5,000, or where a sheriff in a local sheriff court remits proceedings to the Personal Injury Court. It has concurrent jurisdiction with the Court of Session for all claims in excess of £100,000, and concurrent jurisdiction with the local sheriff courts for personal injury claims within its competence.
The Sheriff Appeal Court is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court. The Sheriff Appeal Court also hears appeals in civil cases from the sheriff courts, including the Sheriff Personal Injury Court.
The Scottish Sentencing Council 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 a convict, and they must give reasons for not following the guidelines.
Anna Isabel Poole, Lady Poole is a Senator of the College of Justice in Scotland. Prior to her appointment as Senator, she was a Judge of the UK Upper Tribunal, Administrative Appeals Chamber. Lady Poole was educated at Madras College, St Andrews, and at Somerville and Magdalen Colleges, Oxford.
References
- 1 2 3 4 5 "Lord Duthie installed as Chair of Scottish Land Court". scts_judiciary. Retrieved 26 December 2023.
- 1 2 3 4 "The Hon Lord Duthie". scts_judiciary. Retrieved 26 December 2023.
- 1 2 3 4 5 "Lord Duthie installed as chair of Scottish Land Court". Scottish Legal News. 17 February 2023. Retrieved 25 February 2024.
- ↑ "Sheriff Euan Duthie becomes Scottish Land Court chair". lawscot.org.uk. Law Society of Scotland. 10 January 2023. Retrieved 27 February 2024.
- ↑ "Sheriff Euan Duthie". The Courier and Evening Telegraph. 2022. Retrieved 29 December 2023.
- ↑ "New QCs announced". advocates.org.uk. The Faculty of Advocates. 18 September 2019. Retrieved 29 December 2023.
- ↑ "SCTS News. New chair of Scottish Land Court". scotcourts.gov.uk. Scottish Courts and Tribunals. 6 January 2023. Retrieved 27 February 2024.
- ↑ "New Maltings a key feature of Borderlands deal". northumberland.gov.uk. Northumberland County Council. 18 March 2021. Retrieved 25 February 2024.