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The Scottish Government began consulting on how to ensure judicial independence in 2006 and the consultation resulted in the Lord President being recognised as the head of the Scottish judiciary, the transfer of the Scottish Courts and Tribunals Service to judicial control, and the statutory basis for the Judicial Appointments Board for Scotland.
The High Court of Justiciary as a Court, or the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary as a body, have the power to regulate criminal procedure in the criminal courts in Scotland: regulations can be made for the High Court, sheriff courts (summary and solemn procedures), and the justice of the peace courts.
The courts of Scotland (Scottish Gaelic: Cùirtean na h-Alba) are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland , who are the various judicial office holders responsible for issuing judgments , ensuring fair ...
Scotland's supreme criminal court is the High Court of Justiciary. [ 2 ] The Court of Session is the supreme Scottish civil court [ 3 ] but UK-wide courts can review decisions of great public or constitutional importance.
It has the responsibility of assisting the Scottish judiciary (by virtue of section 61(1)(b) of the 2008 Act), and assists the Lord President in his role as head of the Scottish judiciary (section 62 of the 2008 Act). This is coupled with assisting the Criminal Courts Rules Council and the Scottish Civil Justice Council. [citation needed]
The Parliament of Scotland passed the College of Justice Act 1532 (c. 2) on 17 May 1532 authorising the creation of the college with 14 members, half spiritual, half temporal, plus a president and the Lord Chancellor. The college convened for the first time on 27 May 1532, in the royal presence.
The position was created in 1999 as the Minister for Justice, with the advent of devolution and the institution of the Scottish Parliament, taking over some of the roles and functions of the former Scottish Office Minister of State for Home Affairs that existed prior to 1999.
The Scottish Ministers; Members of the Scottish Parliament; and others "with responsibility for matters relating to the judiciary or the administration of justice" in Scotland; [1]: Section 1 All of those specified are barred from using any form of special access to influence the judgements or decisions made by the judiciary of Scotland. [2]