Scottish Courts and Tribunals Service in the context of "Judiciary of Scotland"

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👉 Scottish Courts and Tribunals Service in the context of Judiciary of Scotland

The judiciary of Scotland (Scottish Gaelic: Breitheamh na h-Alba) 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.

The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) The Lord President is Lord Pentland, who was appointed in February of 2025. The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service.

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Scottish Courts and Tribunals Service in the context of Court of Session

The Court of Session is the highest national court of Scotland in relation to civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union which established the Kingdom of Great Britain on 1 May 1707 provided that the court will "remain in all time coming" as part of Scotland's separate legal system. Cases at first instance are heard in the Outer House by a single judge. The Inner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat at Parliament House since 1707. The Scottish Courts and Tribunals Service and the Principal Clerk administers the court and judges.

Decisions of the court are subject to review by both the UK Supreme Court and the European Court of Human Rights and on appeal, the UK Supreme Court can overturn them altogether. Early judges of the court recorded their decisions and codified the law at a time early in the development of Scots law, leading to the development and distinct character of Scots law. In modern times, the court has ruled on issues of public importance and proceedings of its Inner House have been streamed and recorded since 2023. The court now hears cases from any part of Scotland on any issue, other than criminal cases, which belong to its sister court, the High Court of Justiciary.

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