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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. Decisions of the court can be appealed to the Supreme Court of the United Kingdom,with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000;the plaintiff is given first choice of court. However,the majority of complex,important,or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts,including the Sheriff Personal Injury Court,at the request of the presiding sheriff. Legal aid,administered by the Scottish Legal Aid Board,is available to persons with little disposable income for cases in the Court of Session.
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.
William Douglas Cullen,Baron Cullen of Whitekirk,is a former senior member of the Scottish judiciary. He formerly served as Lord Justice General and Lord President of the Court of Session,and was an additional Lord of Appeal in the House of Lords prior to the transfer of its judicial functions to the Supreme Court.
Andrew Rutherford Hardie,Baron Hardie,is a former Senator of the College of Justice,a judge of the Supreme Courts of Scotland,and a former Lord Advocate,the country's senior Law Officer. He led the prosecution team in the preparation of the original Lockerbie bombing trial,but resigned as Lord Advocate shortly before the trial commenced in 2000.
Alan Ferguson Rodger,Baron Rodger of Earlsferry was a Scottish academic,lawyer,and Justice of the Supreme Court of the United Kingdom.
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.
Anne Smith,Lady Smith,is a Scottish lawyer,and a retired Judge. Smith is currently the Chair of the Scottish Child Abuse Inquiry which has been criticised for significant delay and spiralling cost to the public. Smith has been denounced for her inequitable payment from the Inquiry. Smith receives the same payment from the Inquiry in two weeks as survivors of abuse receive from the redress scheme for a lifetime of suffering.
Alan Turnbull,Lord Turnbull is a Scottish lawyer,and a Senator of the College of Justice,a judge of the country's Supreme Courts. He was one of the lead prosecutors in the Pan Am Flight 103 bombing trial.
Alastair Peter Campbell,Lord Bracadale is a retired senior Scottish judge.
Kenneth Hilton Osborne,Lord Osborne 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. Appointed in 1990,he was Scotland's longest-serving judge.
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.
Colin John MacLean Sutherland,Lord Carloway,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.
Matthew Gerard Clarke,Lord Clarke,PC (born 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.
Iain Bonomy,Lord Bonomy,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 from 2010 to 2012. From 2004 to 2009,he was a Judge of the International Criminal Tribunal for the former Yugoslavia.
Roderick Francis Macdonald,Lord Uist is a Scottish retired judge. As a Senator of the College of Justice,he was a member of the Court of Session,Scotland's highest court.
Joseph Raymond Doherty,Lord Doherty,is a Scottish lawyer and 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.
Donald James Dobbie Macfadyen,Lord Macfadyen was a highly regarded Scottish lawyer who served as a judge for over a decade. In 2002,he was one of the five judges who heard the appeal of Abdelbaset al-Megrahi against his conviction for the bombing in 1998 of Pan Am Flight 103.
References
- 1 2 "EXECUTIVE NOTE: THE MAXIMUM NUMBER OF JUDGES (TRANSITIONAL PROVISION) (SCOTLAND) ORDER 2009". Scottish Government. August 2009. Retrieved 15 January 2017.
- 1 2 3 4 "Biographies – The Right Hon Lord Nimmo Smith". Scottish Court Service. Archived from the original on 4 October 2007. Retrieved 20 August 2009.
- 1 2 3 4 "Judges named for Lockerbie appeal". Scottish Executive. 17 January 2002. Retrieved 20 August 2009.
- ↑ "House of Lords Debate: Nimmo Smith-Friel Report". Parliamentary Debates (Hansard) . 26 January 1993. Retrieved 20 August 2009.
- ↑ "Fettesgate: 'Magic Circle' spells panic in the police". Edinburgh Evening News. 24 February 2009. Retrieved 20 August 2009.
- ↑ Hansard, House of Commons vol. 263, 13 July 1995
- ↑ Hansard, House of Commons vol. 268, 20 December 1995
- ↑ "Historic Cockburn Association Office-Bearers".
