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Judicial independence from the government, legislature and public prosecutor in Scotland in guaranteed in statute by the Judiciary and Courts (Scotland) Act 2008 [61] which places a duty on the Scottish Ministers, the First Minister of Scotland, the Lord Advocate, and Members of the Scottish Parliament to uphold judicial independence and bars ...
Criminal cases are prosecuted by the Crown Office and Procurator Fiscal Service. and the Scottish Courts and Tribunal Service. [1] 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.
The Service was first established as the Scottish Courts Administration in 1995, as an executive agency of the Scottish Office. It was later renamed Scottish Court Service. In 1999, the Service became an agency of the Scottish Government after responsibility of the courts and judiciary of Scotland were transferred under devolution.
The Judicial Appointments Board for Scotland (Scottish Gaelic: Bòrd Dreuchdan Breithneachaidh na h-Alba) is an advisory non-departmental public body of the Scottish Government responsible for making recommendations on appointments to certain offices of the judiciary of Scotland.
The Court of Session and sheriff courts have a co-extensive jurisdiction for all cases with a monetary value in excess of £100,000, with the choice of court being given in the first place to the pursuer (the claimant), the majority of difficult or high-value cases in Scotland are brought in the Court of Session. Any final decision of a sheriff ...
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 College of Justice (Scottish Gaelic: Colaiste a' Cheartais) includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session , the High Court of Justiciary , the Office of the Accountant of Court , and the Auditor of the Court of Session.
The Lord President of the Court of Session, as head of the judiciary in Scotland, is responsible for the Upper Tribunal for Scotland. Some of the Lord President's functions in relation to tribunals have been delegated to the President of the Scottish Tribunals, currently Lady Wise. [2] It is administered by the Scottish Courts and Tribunals ...