About the Judiciary

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Q.Do you have to be a certain age to be a judge?

A.

No, although you do need to have been qualified as an advocate or solicitor for a set number of years. In general, judges cannot work beyond age 75, although there are some differences between the various judicial offices. Anyone between the age of 18 and 65 can apply to become a Justice of the Peace and he or she must retire at the age of 70.

Q.How do I address a judge in court?

A.

Judicial titles are a traditional courtesy, dating back centuries. They serve as a mark of respect, and distinguish different types of judges.

A judge is called My Lord or My Lady, as the case may be.  A stipendiary magistrate or Justice of the Peace is called Your Honour.  The forms of address for all members of the Scottish judiciary can be found here

When at court your legal representative or court staff will be able to advise you as to the appropriate forms of address. If you make a mistake when addressing a judge, no one will mind so long as your intention was to be polite.

Q.Who chooses judges?

A.

Full-time salaried judges are appointed by the Queen on the First Minister’s recommendation.

 The Judicial Appointments Board for Scotland (JABS) handles applications. The Board makes recommendation for appointment and may assemble a pool of suitable applicants.  Judges can then be appointed from this pool as vacancies arise.

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.

Stipendiary magistrates are also appointed by Scottish Ministers, on the recommendation of a Stipendiary Magistrates Advisory Committee (SMAC) formed by the relevant sheriff principal in order to consider the appointment.

Information on the appointment of Justices of the Peace can be found here

Q.Why do judges wear wigs?

A.

In the early 17th century, wigs were simply part of the fashion of the day for society. Although they had gone out of fashion by the 18th century, judges, the military, the clergy and some other professionals continued to wear smaller, more formal wigs into the 19th century, and they have been retained as part of court dress to the present day.

Today, wigs are worn as a symbol of office by the legal professions. The traditional, long full-bottomed wig is now only worn by judges on ceremonial occasions such as during the procession to mark the start of the legal year (called the “kirking of the court”). A shorter, more practical style is worn in court. However, not all judges wear wigs. They are not worn in Justice of the Peace courts, tribunals, or in some proceedings involving children.

The wigs are made from horsehair from the tail or mane, which in the past made wigs more practical as it could have the same off-white colour as a powdered wig without the need for powder.

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