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Spice Briefing Papers SPICe JUDICIARY AND COURTS (SCOTLAND) BILL briefing RICHARD HOUGH 27 February 2008 On 30 January 2008, the Scottish Government introduced the Judiciary 08/10 and Courts (Scotland) Bill in the Scottish Parliament. The Bill aims to strengthen the independence of the judiciary by: • providing a statutory commitment to uphold judicial independence • modernising the organisation and leadership of the judiciary • reducing the involvement of central government in the day to day running of the court system. The Bill intends to place the Judicial Appointments Board for Scotland on a statutory footing and introduces revised governance arrangements for the Scottish Court Service. This briefing describes the key provisions contained in the Bill, provides relevant background information and examines some of the key areas of debate which have arisen during the development of these proposals. Scottish Parliament Information Centre (SPICe) Briefings are compiled for the benefit of the Members of the Parliament and their personal staff. Authors are available to discuss the contents of these papers with MSPs and their staff who should contact Richard Hough on extension 85392 or email [email protected]. Members of the public or external organisations may comment on this briefing by emailing us at [email protected]. However, researchers are unable to enter into personal discussion in relation to SPICe Briefing Papers. If you have any general questions about the work of the Parliament you can email the Parliament’s Public Information Service at [email protected]. Every effort is made to ensure that the information contained in SPICe briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated or otherwise amended to reflect subsequent changes. www.scottish.parliament.uk 1 CONTENTS KEY POINTS OF THIS BRIEFING...............................................................................................................................4 INTRODUCTION ..........................................................................................................................................................5 Content of the Bill.................................................................................................................................................5 Review and consultation ......................................................................................................................................5 Key areas of debate.............................................................................................................................................6 Terminology .........................................................................................................................................................6 JUDICIAL INDEPENDENCE........................................................................................................................................8 Content of the Bill.................................................................................................................................................8 Background ..........................................................................................................................................................8 Key areas of debate.............................................................................................................................................9 HEAD OF THE JUDICIARY .......................................................................................................................................10 Content of the Bill...............................................................................................................................................10 Background ........................................................................................................................................................10 Key areas of debate...........................................................................................................................................10 Securing the efficient disposal of court business...............................................................................................11 Welfare, training and guidance to the judiciary..................................................................................................11 Judicial Council for Scotland..............................................................................................................................12 Representing the views of the judiciary to Parliament and engaging with the Government..............................12 Support staff.......................................................................................................................................................13 Conduct..............................................................................................................................................................13 JUDICIAL APPOINTMENTS......................................................................................................................................13 Content of the Bill...............................................................................................................................................13 Background ........................................................................................................................................................14 Key areas of debate...........................................................................................................................................14 Membership .......................................................................................................................................................15 Removal of Board Members ..............................................................................................................................16 Staffing ...............................................................................................................................................................16 Merit and diversity ..............................................................................................................................................17 Assessment of legal knowledge, skills and competence ...................................................................................17 Guidance............................................................................................................................................................18 Annual Report ....................................................................................................................................................18 Appointment of Lord President and Lord Justice Clerk .....................................................................................18 Appointment of retired judges and sheriffs principal and sheriffs ......................................................................19 Eligibility of solicitors for appointment as judges ...............................................................................................19 SENIOR JUDICIARY: VACANCY, INCAPACITY AND SUSPENSION....................................................................20 JUDICIAL CONDUCT ................................................................................................................................................20 Content of the Bill...............................................................................................................................................20 Background ........................................................................................................................................................21 Key areas of debate...........................................................................................................................................21 REMOVAL OF JUDICIAL OFFICE HOLDERS .........................................................................................................22 Content of the Bill...............................................................................................................................................22 Background ........................................................................................................................................................23 Key areas of debate...........................................................................................................................................23 THE COURTS.............................................................................................................................................................24 The Court of Session .........................................................................................................................................24 The Lands Valuation Appeal Court ....................................................................................................................24 Sheriff courts ......................................................................................................................................................24 District and justice of the peace courts ..............................................................................................................25 GOVERNANCE OF THE SCOTTISH COURT SERVICE..........................................................................................26
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