The Judiciary and Courts (Scotland) Act 2008 is an

Act of the Scottish Parliament An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the success ...

passed in October 2008 to reform the courts of Scotland, to give statutory force to judicial independence, and to establish the

Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The L ...

as Head of the

Judiciary of Scotland The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and th ...

History

Provisions

Judicial independence

Judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inter ...

is enshrined by Section 1 of the Act, which stipulates specific duties to uphold judicial independence on: * The

First Minister of Scotland The first minister of Scotland ( sco, heid meinister o Scotland; gd, prìomh mhinistear na h-Alba ) is the head of the Scottish Government and keeper of the Great Seal of Scotland. The first minister chair ...

* The

Lord Advocate His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved p ...

* The Scottish Ministers *

Members of the Scottish Parliament Member of the Scottish Parliament (MSP; gd, Ball Pàrlamaid na h-Alba, BPA; sco, Memmer o the Scots Pairliament, MSP) is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament. Electoral system The add ...

* and others "with responsibility for matters relating to the judiciary or the administration of justice" in Scotland; 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 The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and th ...

References

{{Reflist Courts of Scotland Acts of the Scottish Parliament 2008 Judiciary of Scotland