Judicial Information
Judicial Appointments
All appointments of Judges and Sheriffs in Scotland are made by The Queen on the advice of the First Minister. Before the First Minister makes his recommendations, he takes advice from the independent Judicial Appointments Board which was set up in 2002. The Board's task is to advertise posts, when requested, interview candidates and provide a shortlist of people suitable for appointment. The Lord President of the Court of Session (Scotland's senior Judge) is also consulted by the First Minister before recommendations are made. The Judicial Appointments Board has its own Secretariat but once they submit their reports, the Justice Department take forward the process.
Complaints Against the Judiciary
It is open to members of the public to raise complaints about the way in which a Judge or Sheriff has handled their case in Court. Any such complaint will be investigated by the Justice Department who will provide complainers with a written response. However, the Department cannot deal with complaints about decisions made by Sheriffs who are independent of the Executive. Complaints against decisions may only be made by appealing to a higher Court.
Judicial Salaries and Pensions
The Justice Department have responsibility for meeting the costs of judicial salaries and pensions in Scotland and information is available about rates of pay and pensions arrangements.
Court Fees in the Court of Session and Sheriff Courts
The policy of the Scottish Executive is to move towards a situation in which those who use the civil Courts to settle their disputes should be responsible for the costs of operating the Courts, so that these costs are not passed on to the general taxpayer. Broadly speaking Court fees are payable on a "pay as you go basis" so that those whose cases involve more procedural steps and more hearings will generally pay more than those whose cases are decided quickly. Further information about the way in which the fee system operates is available from the Judicial Appointments and Finance Division.
Inquiries
Inquiries about any of the matters in this note should be addressed to:
Judicial Appointments and Finance Division,
Scottish Executive Justice Department,
Hayweight House,
23 Lauriston Street,
Edinburgh EH3 9DQ
Telephone 0131 221 6819
E-mail: courts@scotland.gsi.gov.uk