Judges sit in a number of courts and make decisions in both civil and criminal cases. They ensure cases and verdicts are within the limits of the law and hand down judgments and sentences.
The Lord President is the senior judge in Scotland and the head of the judiciary. As presiding judge of Scotland's supreme civil and criminal courts, he acts as both Lord President of the Court of Session and the Lord Justice General of the High Court of Justiciary. The current Lord President is Lord Carloway.
The Lord Justice Clerk, Lady Dorrian, who may deputise for the Lord President, also has her own functions.
The Lord President is supported in the majority of his work by the Judicial Office for Scotland, a separate department of the Scottish Courts and Tribunals Service.
Judges include those who sit in the supreme courts as well as sheriffs principal, sheriffs and justices of the peace . They all exercise their powers independently of others, including government and parliament, while upholding high standards of conduct and adhering to a widely accepted framework of ethics. Separate representative bodies operate on their behalf.
Much of the work of judges involves hearing cases but they have many other responsibilities outside the courtroom. Read here about the day-to-day work of a judge.
Q.Do judges choose the cases to judge or are they random?
Cases are primarily allocated based on a judge's availability. The specialisations and expertise of individual judges may also be a factor, such as in commercial matters, or intellectual property cases. A judge will decline to hear a case where he or she has a pecuniary interest or, for example, is a friend of a party or a witness.
Q.What qualifications are required to be a judge?
To be appointed to paid judicial office it is currently necessary to have been fully qualified as an advocate or solicitor for a minimum time period (at present, at least five years since qualifying), depending on the office in question. Most often advocates and solicitors will have a law degree, although there are alternative routes into the legal profession.
However, it is worth pointing out that no legal qualification at all is needed to become a justice of the peace. There are about 450 JPs in Scotland, all of whom are unpaid members of their local community.
More detailed information on the criteria for judicial appointment can be found on the Judicial Appointments Board for Scotland's website here
Q.Who chooses judges?
Full-time salaried judges are appointed by the Queen on the First Minister's recommendation.
The Judicial Appointments Board for Scotland (JABS) handles applications and makes recommendation for appointment. When a new judge is required, following a request from the Scottish Ministers, JABS makes recommendation to the First Minister. The First Minister is required to consult the Lord President on any recommendation for judicial appointment before making his/her recommendation to the Queen.
It is customary for shrieval vacancies first to be offered to existing sheriffs, with applicants considered by the relevant sheriff principal.
In the case of part-time sheriffs, appointments are made by the Scottish Ministers on the recommendation of JABS.
For informaiton on the appointment of justices of the peace, click here.
Judges spend a great deal of time working on cases before and after court and have to do a lot of preparation for the day ahead. Read about a typical day for a judge.