HMA v Alistair Thomson

Fri, 13 Aug 2010 00:00:00 GMT

Alistair Thomson pled guilty to the culpable hiomicide of his brother John Pickersgill on 30 January 2010 in Cowdenbeath. Sentence will take place on 21 September 2010 at the High Court in Livingston in front of Lord Tyre.

HMA v Hector Colin MacLennan

Fri, 13 Aug 2010 00:00:00 GMT

Hector Maclennan was found guilty of two charges of rape and a number of assaults in Aberdeen High Court today. Sentence has been deferred until 10 November 2010 after the judge called for a risk assessment report. He will appear before Lord Woolman at the High Court in Edinburgh.

HMA v Mark Willam Junor and Elaine Jacqueline Young

Tue, 24 Aug 2010 00:00:00 GMT

Today at the High Court in Aberdeen Mark Junor and Elaine Young pled guilty to the culpable homicide of Martyn Stewart on the 29 November 2009 in Peterhead, Aberdeenshire. Sentence was deferrered until the 24 September 2010 at the High Court Edinburgh in front of Lady Dorrian.

Opening of the new legal year

Tue, 21 Sep 2010 00:00:00 GMT

You can read his speech here.

HMA v THOMAS SHERIDAN and GAIL SHERIDAN

Tue, 05 Oct 2010 00:00:00 GMT

Human rights panel will answer your questions

Thu, 07 Oct 2010 00:00:00 GMT

Chaired by ECHR President Jean-Paul Costa, the panel will answer a selection of your questions on 19 October 2010.

The event will be webcast live from 11.15am to 12.30pm GMT on the
Council of Europe website (http://webtv.coe.int/)

Please submit your questions to DC_paneldiscussion@coe.int by 13 October 2010.

SUPREME COURT - CADDER v HMA

Tue, 26 Oct 2010 00:00:00 GMT

You can read a summary of the decision here

The full judgment can be viewed here.

Reimbursement of Judicial Expenses

Mon, 01 Nov 2010 00:00:00 GMT

You can read this here

New Judge Appointed

Fri, 05 Nov 2010 00:00:00 GMT

New Appointment to the Inner House

Fri, 17 Dec 2010 00:00:00 GMT

Lord Emslie was appointed a Judge of the Supreme Courts in 2001.

He is a graduate of the University of Cambridge (B.A., Gonville and Caius College) and the University of Edinburgh (LL.B.). He was admitted to the Faculty of Advocates¹ in 1972 and was Standing Junior Counsel to the Forestry Commission in Scotland and to the Ministry of Agriculture and Fisheries in Scotland from 1981 to 1982. He was Standing Junior Counsel² to the Inland Revenue in Scotland from 1982 to 1986.

Lord Emslie was appointed Queen's Counsel in 1986. He was a part-time Chairman of Medical Appeal Tribunals from 1988 to 1997. Lord Emslie was elected Dean of the Faculty of Advocates in 1997 and held that office until his appointment to the Supreme Court bench in 2001.

¹The Scottish Bar.
²Standing Juniors are appointed by the Lord Advocate to advise and represent government departments.

Judicial Appointments Board for Scotland

Thu, 06 Jan 2011 00:00:00 GMT

The Judicial Appointments Board for Scotland is currently seeking applications from suitably qualified individuals who wish to be considered for appointment to the post of Part-time Sheriff.

They are also seeking applications for appointment to a vacancy in the office of Judge of the Court of Session due to planned retirement.

Further information is available here.

New Sheriff Appointed

Mon, 24 Jan 2011 00:00:00 GMT

Jury Manual Published

Wed, 23 Feb 2011 00:00:00 GMT

The Jury Manual began life over twenty years ago and was originally a much shorter and more informal collection of styles of charges exchanged among High Court judges. Today it is a very substantial document which contains useful information and guidance to judges who have the responsibility of charging juries in serious criminal trials.

The nature of the Jury Manual, which is reviewed annually, is that of an aide-memoire and has no binding legal authority. The possible forms of direction are not comprehensive; they simply provide a template to guide the judicial office holder in formulating a charge unique to the particular facts of the case before them.

The Jury Manual can be found here.

Trident Report Published

Thu, 24 Feb 2011 00:00:00 GMT

The report following the formal investigation under the Merchant Shipping Act 1995 into the loss of the motor fishing vessel “Trident” has now been published by the Secretary of State at the Department for Transport.

You can read the report and full transcripts at:
http://www.fv-trident.org.uk/

A summary has also been published by the Department for Transport http://www.fv-trident.org.uk/trident_pdf/110224%20Latest%20news.pdf

Judicial Training Determination

Fri, 25 Feb 2011 00:00:00 GMT

The determination provides for compulsory induction training for all newly appointed judicial office holders within one year of their appointment.

The Judicial Studies Committee will be responsible for the delivery of this training which will include the following topics:

• Judicial ethics and conduct
• Court management, including jury trial management
• Procedural and evidential issues
• Assessment of witnesses
• Judgment writing and ex tempore decisions
• Sentencing
• Contempt of court
• Social context, equal treatment and diversity issues
• Unrepresented litigants and vulnerable persons in courts
• Use of information technology

APPOINTMENT OF QUEENS COUNSEL 2012

Thu, 22 Mar 2012 00:00:00 GMT

Completed application forms must be submitted by close of business on Thursday 12 April 2012 to: - Mrs Debbie Laidlaw, Personal Secretary to the Lord President, Lord President’s Private Office, Parliament House, Edinburgh, EH1 1RQ. Please mark your envelope “Application - Restricted”.

Guide for Applicants

Application Form - Advocates

Application Form - Solicitor Advocates

Appointment of new Sheriffs Principal

Wed, 30 Mar 2011 00:00:00 GMT

Her Majesty the Queen has appointed Sheriff Craig Alexander Leslie Scott, as Sheriff Principal of Glasgow and Strathkelvin and Sheriff Mhairi Margaret Stephen as Sheriff Principal of Lothian and Borders.

Sheriff Scott will take up his appointment on 1 May 2011 and Sheriff Stephen will take up her appointment on 7 May.

New Sheriffs Appointed

Thu, 14 Apr 2011 00:00:00 GMT

Mr Peter Hammond takes up his appointment as an all-Scotland floating sheriff based at Stonehaven and Banff Sheriff Courts.

Dr Alastair Brown takes up his appointment as an all-Scotland floating sheriff based at Hamilton Sheriff Court.

New Sheriff Appointed

Tue, 19 Apr 2011 00:00:00 GMT

Appointment of new Sheriffs Principal

Mon, 09 May 2011 00:00:00 GMT

Sheriff Mhairi Stephen has taken up her appointment today as Sheriff Principal of Lothian and Borders, succeeding Sheriff Principal Bowen following his retirement.

Sheriff Craig Scott took up his appointment as Sheriff Principal of Glasgow and Strathkelvin on 1 May 2011, succeeding Sheriff Principal Taylor.

Sheriffs principal are appointed by Her Majesty the Queen following a nomination from the First Minister based on a report from the independent Judicial Appointments Board for Scotland.

Find out more about the role of sheriffs principal here.

LUKE MITCHELL v HMA

Tue, 07 Jun 2011 00:00:00 GMT

The Appeal Court decided that this was not an appropriate case in which leave to appeal to the Supreme Court should be granted.

A written decision will be given in due course.

Article in The Sunday Times

Mon, 13 Jun 2011 00:00:00 GMT

On the 12 June 2011 The Sunday Times carried an article entitled ‘TV cameras to go into courts’ based on an interview given by the Lord Advocate Frank Mulholland QC.

While the Lord President has given agreement in principle to Windfall Films to film High Court trials, this is subject to a number of agreed conditions and the requisite permissions being secured. However, the final decision on whether or not cameras will be allowed to film proceedings rests with the presiding judge who is ultimately responsible for ensuring that there is no threat to the administration of justice.

“The article in The Sunday Times gave the impression that it was a matter for the Lord Advocate whether proceedings in criminal courts were filmed. That is quite wrong. Judges have overall responsibility for ensuring how court proceedings are managed. It is for them, and them alone, to decide what will be permitted in their court and that includes any decision to allow cameras to film proceedings”. The Rt Hon Lord Hamilton, Lord President and Lord Justice General

Lord Rodger of Earlsferry

Mon, 27 Jun 2011 00:00:00 GMT

Alan Rodger was a very distinguished Scottish judge. Shortly after being appointed to the Scottish bench in 1995 he served (1996-2001) as Lord President of the Court of Session and Lord Justice General of Scotland. He was subsequently one of the two Scottish judges in the House of Lords and the Judicial Committee of the Privy Council (subsequently the Supreme Court of the United Kingdom). In all those posts he contributed substantially to the development of Scots law. His judgments, whether on civil or on criminal matters, were always incisive. He also brought to his work a real interest in other judicial systems. He was an internationally recognised authority on Roman law and contributed to many learned discussions on that and other legal topics. Although his incisiveness as a judge could make him difficult to appear before, he was an amiable social companion with a dry sense of humour

Judicial Appointments Board for Scotland

Fri, 01 Jul 2011 00:00:00 GMT

The Judicial Appointments Board for Scotland is currently seeking applications from those interested in appointment to the office of Sheriff.

The Board will identify a number of suitably qualified persons from whom it can draw when requested by the First Minister to recommend person to be appointed to vacancies for full time shrieval office that will arise during 2012-2013.

Further information and an application form can be found here.

New Appointments

Thu, 30 Jun 2011 00:00:00 GMT

Lady Dorrian will take up her appointment from 1 July 2011 to 30 June 2015 in place of Lady Smith whose term of office has come to an end.

Sheriff Principal Kerr QC will take up his appointment from 1 November 2011 to 30 October 2013 in place of Sheriff Principal Taylor who following his recent retirement will stand down as a member of the Board on 30 October 2011.

Sheriff Kenneth Ross has been re-appointed to serve a second term from 1 October 2011 to 31 December 2012.

There are ten Board members: three judicial and two legal members (a Judge, a Sheriff Principal, a Sheriff, an Advocate and a Solicitor) and five lay members including the lay Chairing Member.

Further information about the Judicial Appointments Board for Scotland is available here.

Justices of the Supreme Court

Wed, 27 Jul 2011 00:00:00 GMT

For more information about these appointments visit the Supreme Court website

New Sheriff Appointed

Mon, 01 Aug 2011 00:00:00 GMT

New Sheriff Appointed

Mon, 15 Aug 2011 00:00:00 GMT

Lord Hamilton to Retire

Thu, 15 Sep 2011 00:00:00 GMT

Lord Hamilton was first appointed as a Senator of the College of Justice in 1995 and was promoted to the Inner House of the Court of Session in 2002. He was appointed to the offices of Lord President of the Court of Session and Lord Justice General of Scotland in 2005.

Under the Judiciary and Courts (Scotland) Act 2008 the First Minister will now establish a panel and invite them to make recommendations of individuals who are suitable for appointment to fill the vacancy.

The panel will comprise Sir Muir Russell, the chair of the Judicial Appointments Board for Scotland; one other lay member of that Board nominated by Sir Muir and two judges who will be nominated by the First Minister.

Background note

The Rt Hon Lord Hamilton will be retiring after 17 years as a judge. It is for the Prime Minister to make a recommendation to the Queen on who should replace Lord Hamilton, but he may not recommend any person who has not been nominated to him by the First Minister. The First Minister may not nominate any person until the panel has made its recommendation and the First Minister must have regard to the panel’s recommendation.

The Judiciary and Courts (Scotland) 2008 Act brought about the creation of the Scottish Court Service as a new statutory entity, governed by a judicially led corporate body as well as giving the Lord President the role of Head of the Scottish Judiciary with important new responsibilities for the disposal of business and the leadership of the Scottish judiciary as a whole.

Lord Hamilton is a graduate of the Universities of Oxford (BA, Worcester College) and Edinburgh (LLB). He was admitted to the Faculty of Advocates in 1968 and was Standing Junior Counsel to the Scottish Development Department (1975-78) and the Inland Revenue (1978-82). He served as an Advocate Depute from 1982 to 1985. From 1988 to 1995 he was a Judge of the Courts of Appeal of Jersey and Guernsey, and from 1992 to 1995 he was President of the Pensions Appeal Tribunals for Scotland. He was appointed as a Senator of the College of Justice in 1995 and as Lord President in 2005. In June 2003 he was elected an Honorary Fellow of Worcester College, Oxford and in January 2006 an Honorary Bencher of the Inner Temple, London.

Opening of the new legal year

Tue, 27 Sep 2011 00:00:00 GMT

Yor can read the speech here.

New Sheriff Appointed

Mon, 03 Oct 2011 00:00:00 GMT

New Sheriffs Appointed

Wed, 05 Oct 2011 00:00:00 GMT

Judicial Appointments Board for Scotland

Tue, 06 Dec 2011 00:00:00 GMT

The Board invites applications from suitably qualified individuals who wish to be considered for appointment to vacancies that are expected to arise up to the end of June 2012 for Senator of the College of Justice. Senators sit in the Court of Session and the High Court of Justiciary. The Board has been advised by the Judicial Office for Scotland that up to four positions may arise during this period.

Selection is made solely on merit. The Board recognises the need for a judiciary in Scotland that is reflective of our society and is drawn from across all sections of the legal profession and encourages and welcomes applications from the widest possible range of eligible individuals. The Board would particularly welcome applications from women, people with a disability or those from an ethnic minority background.

An application form and further information including eligibility criteria can be obtained from our website www.judicialappointmentsscotland.org.uk, or from the Secretary to the Board, Judicial Appointments Board for Scotland, 38–39 Drumsheugh Gardens, Edinburgh EH3 7SW (DX: ED29, Edinburgh), Telephone 0131 528 5101.

Applications may be emailed to mailbox@jabs.gsi.gov.uk and should be with the Board no later than 5.00pm on Monday 9^th January 2012.

Use of live text based communication from court

Wed, 14 Dec 2011 00:00:00 GMT

“I note the Guidance issued today by the Lord Chief Justice of England and Wales on the use of live text based communication from court. I will give full consideration to this Guidance and its implications with a view to formulating suitable Guidance in Scotland”.

Currently the permission of the court is required to use devices that allow live text based communication from court. That position remains unchanged.

New Appointments to the Supreme Court

Tue, 20 Dec 2011 00:00:00 GMT

Read the full announcement here

Appointment process for new Lord President announced

Wed, 04 Jan 2012 00:00:00 GMT

That appointment process has begun today with the office being advertised and applications being invited by 31 January 2012.

The selection panel will interview shortlisted candidates and make a report to the First Minister with their recommendations shortly after that.

The selection panel consists of:

Sir Muir Russell (Chair), Chair of the Judicial Appointments Board for Scotland;
Professor Andrew Coyle, Lay member of the Judicial Appointments Board for Scotland;
Rt. Hon Lord Hardie, Senator (Inner House), and
Hon Lady Dorrian, Senator (Outer House)

The office of Lord President is the most senior judicial office in Scotland and the office holder is responsible for leadership of the entire Scottish judiciary, in addition to chairing the Board of the Scottish Court Service. The salary is £214,165.

An application pack can be found at http://www.scotland.gov.uk/Topics/Justice/legal/judiciary/lordpresident.

Office of Sheriff Principal

Fri, 06 Jan 2012 00:00:00 GMT

Application forms and further information including eligibility criteria can be obtained here

Applications should be submitted no later than 5.00 pm on Monday 6^th February 2012.

New Sheriff Appointed

Tue, 10 Jan 2012 00:00:00 GMT

Lord President Makes Written Representations to Parliament

Wed, 18 Jan 2012 00:00:00 GMT

Section 5 of the Act provides that the Lord President may lay written representations before Parliament on matters relating to the judiciary or the administration of justice in Scotland. Equivalent powers are available to the Lord Chief Justice of England and Wales and the Lord Chief Justice of Northern Ireland.

The Lord President is urging Parliament to do two things:

(1) to extend the jurisdiction of the Supreme Court in Scottish criminal appeals and references to the remedying of infringements by the courts below as well as by the prosecutor; but

(2) to restrict those cases in which leave may be granted to appeal to the Supreme Court from the High Court of Justiciary to cases in which the High Court has certified that a point of law of general public importance is involved in the decision.

As to (2), the Court of Criminal Appeal in England and Wales and the equivalent court in Northern Ireland have long had a certification procedure which has proved to be valuable. The Lord President wishes to secure a similar provision for the High Court in Scotland.

The Lord President seeks, in the Scotland Bill, an amendment to the Scotland Act 1998 to the above effect.

Read the full representation

Further Information

Constitutional Reform Act 2005

Part 2

Section 5 Representations to Parliament.

(1)The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.

(2)In relation to Scotland those matters do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates.

(3)In relation to Northern Ireland those matters do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

(4)In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47).

(5)In this section “chief justice” means—

(a)in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom;

(b)in relation to Scotland, the Lord President of the Court of Session.

Explanatory Notes

Section 5: Representations to Parliament

Section 5 provides that the Lord Chief Justice of England and Wales, the Lord Chief Justice of Northern Ireland and the Lord President of the Court of Session may table written representations to Parliament on matters relating to the judiciary or the administration of justice. In respect of the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, this function is qualified by subsections (2) and (3) in order to respect the devolution settlements with Scotland and Northern Ireland respectively.

Constitutional Reform Act 2005

New Sheriffs Appointed

Mon, 02 Apr 2012 00:00:00 GMT

Sheriff Derek Hamilton has been appointed as a resident sheriff at Greenock Sheriff Court. Sheriff Peter Paterson has been appointed an all-Scotland floating sheriff based at Arbroath Sheriff Court.

HMA v DAVID GILROY

Tue, 10 Apr 2012 00:00:00 GMT

David Gilroy was found guilty of the murder of Suzanne Pilley on the 15 March 2012.

Following an application by STV, permission has now been granted to film Lord Bracadale sentencing David Gilroy at the High Court in Edinburgh at 10.00am on 18 April 2012. This was approved by Lord Hamilton the Lord President and Lord Justice General.

The camera will focus on the judge and no other person will feature in the footage except the Macer and the Clerk. The accused will not be filmed.

Filming will commence when the plea in mitigation has concluded.

The footage will be made available immediately afterwards via satellite feed.

This is the first time that permission has been granted to film during a sentencing diet in the High Court.