Judiciary and Courts (Scotland) Act 2008
The Judiciary and Courts (Scotland) Act 2008 is an Act of the Scottish Parliament 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 as Head of the Judiciary of Scotland.
| Act of Parliament | |
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| Long title | An Act of the Scottish Parliament to make provision about the judiciary and the courts; to establish the Scottish Court Service; and for connected purposes. |
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| Citation | 2008 asp 6 |
| Introduced by | Kenny MacAskill |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 29 October 2008 |
Status: Amended | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Judiciary and Courts (Scotland) Act 2008 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Provisions
Judicial independence
Judicial independence is enshrined by Section 1 of the Act, which stipulates specific duties to uphold judicial independence on:
- The First Minister of Scotland
- The Lord Advocate
- The Scottish Ministers
- Members of the Scottish Parliament
- and others "with responsibility for matters relating to the judiciary or the administration of justice" in Scotland;[1]: Section 1
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.[2]
References
- Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 as amended (see also enacted form), from legislation.gov.uk.
- "Judicial Independence - Judiciary of Scotland". www.scotland-judiciary.org.uk. Retrieved 12 April 2018.
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