Written Question · S2W-00972 · Session 2
What processes are used to select senior judges, sheriff principals and sheriff substitutes; who makes the final decision on recommending s…
The question
To ask the Scottish Executive what processes are used to select senior judges, sheriff principals and sheriff substitutes; who makes the final decision on recommending such appointments; who makes the final appointments, and whether it has any plans to alter the present selection and appointment system.
The answer
Since May 2002 it has been for the independent Judicial Appointments Board to make recommendations to the First Minister for the appointment of judges, sheriffs principal and sheriffs. Under section 95 of the Scotland 1998, it is then for the First Minister to make the final recommendations to the Queen. The sole exceptions to this are the appointments of the Lord President of the Court of Session and the Lord Justice Clerk, the two most senior judicial posts in Scotland. In their case it is the Prime Minister who makes recommendations to the Queen but he may not recommend anyone who has not been nominated by the First Minister for such appointment. There are no plans to change the present system which we consider is working well.
In the Official Report
No contribution in the Official Report cites S2W-00972 by reference.