Don't vilify the judges, pleads Lord Cullen

Lecture calls for freedom from political interference

News, 13 September 2006

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Lord Cullen has called for freedom from political influence for judges and for them to be allowed to pass sentences without undue criticism.

The retired Lord President was giving the annual lecture of Apex Scotland last night. He said that well-informed criticism had its place and that there was a recognised procedure for amending mistakes in sentencing. However, he felt that at times judges had been vilified for their sentences.

Lord Cullen also talked about the significance of the pre-trial stage, which he said had transformed High Court procedures since April 2005, tackling the issue of late plea changes.

Previously, too many High Court trials were being delayed or disrupted, which wasted public money and the time of witnesses and jurors.

Lord Cullen agreed that judges should be responsible for some kind of case management in the interests of the due administration of justice and streamlining procedure.

In order for justice to be done, he continued, judge and jury had distinct but complementary roles - the judge dealt with disputes on the admissibility of evidence, gave the jury direction so that they understood the issues in the case and also made sure that the advice given to the jury was clear and unambiguous.

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