The Scottish Judiciary is defined as holders of specific judicial offices set out in the Judiciary and Courts (Scotland) Act 2008.
Judges in the ordinary courts are appointed by Her Majesty on the recommendation of the First Minister, acting on advice of the Judicial Appointments Board for Scotland. The Scottish Law Lords will become judges in the UK Supreme Court and in future are to be appointed by Her Majesty on the recommendation of the Prime Minister. Candidates will be nominated by the Lord Chancellor after consulting the First Minister.
The senior judge in Scotland is the Lord President of the Court of Session, head of the Scottish judiciary and the presiding judge of the College of Justice, as well as being Lord Justice General of Scotland. His deputy is the Lord Justice Clerk, who presides over the second division of judges in the Court of Session. Find out more about the current complement of judges in Scotland's supreme courts on the Scottish Courts Service site.
The number of judges in Scotland's supreme courts is limited to 34 by the Court of Session Act 1988. The number of sheriffs is not limited. Conversely, the number of part-time sheriffs is limited to 80, but the number of temporary judges is not limited. Other judicial office holders include the Lord Lyon King of Arms, the Chairman of the Lands Court, Justices of the Peace and Stipendiary Magistrates.
Decisions made by members of the Judiciary in exercise of their duties are only subject to review by the Appeal Courts. The Scottish Ministers, Scottish Government and Scottish Court Service do not intervene in individual cases, but may in some circumstances invite an investigation of judicial conduct.
Complaints about the conduct of individual judges or sheriffs should be addressed to:
Constitutional Law and Courts Directorate
Legal System Division
Courts and Administrative Justice Team
2nd Floor West,
St Andrews House
Edinburgh
EH1 3DG