Lord President to take charge of all courts
8 Feb 06
Executive proposals would bring legal system in line with other jurisdictions
Plans have been unveiled to give the Lord President, Scotland's senior judge, leadership of the entire judicial system for the first time.
Consultation plans published by the Scottish Executive this morning would put the Lord President in charge of the sheriff and district courts in addition to the supreme courts, as head of a unified judiciary. The move would bring Scotland into line with most other jurisdictions.
At present the sheriff principal is in charge of the sheriff courts within his sheriffdom, while the district courts are run by local authorities. The change would give the Lord President new powers in relation to training, deployment, welfare and discipline of the judiciary.
The plans would also establish the Judicial Appointments Board on a statutory basis, and standardise the provisions for removal from office of an unfit judge or sheriff. A complaints scheme for judges' conduct, overseen by the Lord President, would have a discretion on disciplinary options short of removal.
The consultation also invites views on whether all solicitors - and not just those working in the higher courts for five years or more - should be eligible for appointment as Court of Session judges.
Justice Minister Cathy Jamieson said: "These proposals for change will modernise the organisation and leadership of Scotland's judiciary, reduce the involvement of the Executive in the day-to-day administration of the system and introduce a scheme for dealing with judicial misconduct."
The Lord Advocate Colin Boyd added: "The independence of the judiciary is at the heart of a modern democracy. These proposals guarantee judicial independence as a fundamental constitutional principle while strengthening effectiveness through the creation of a unified judiciary."
The consultation document - Strengthening Judicial Independence in a Modern Scotland - is available at www.scotland.gov.uk/Consultations/Current.
The consultation will last three months, until 8 May.