| College of Justice | |
|---|---|
.svg) Scottish version of the Royal Coat of Arms as used by the Courts in Scotland  TheCourt of Session, the supremecivil court, is based atParliament House | |
| Established | 1532 |
| Jurisdiction | Scotland |
| Location | Parliament House,Edinburgh |
| Composition method | TheMonarch on the recommendation of theFirst Minister, who receives recommendations from theJudicial Appointments Board for Scotland[1] |
| Appeals to | Supreme Court of the United Kingdom (criminal cases appealed fromthe High Court of Scotland are limited to appeals on points of law with respect to human rights and devolution issues only.) |
| Judge term length | Mandatory retirement at age 75 |
| Lord President and Lord Justice General | |
| Currently | The Rt HonLord Pentland |
| Since | 2025 |
| Lord Justice Clerk and President of the Second Division of the Inner House | |
| Currently | The Rt HonLord Beckett |
| Since | 2025 |
| Part of a series on |
| Scots law |
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TheCollege of Justice (Scottish Gaelic:Colaiste a' Cheartais) includes theSupreme Courts of Scotland, and its associated bodies. The constituent bodies of the nationalsupreme courts are theCourt of Session, theHigh Court of Justiciary, theOffice of the Accountant of Court, and the Auditor of the Court of Session.[2][3][4] Its associated bodies are theFaculty of Advocates, theSociety of Writers to His Majesty's Signet and theSociety of Solicitors in the Supreme Courts of Scotland.
The College is headed by theLord President of the Court of Session, who also holds the title of Lord Justice General in relation to theHigh Court of Justiciary, and judges of the Court of Session and High Court are titledSenators of the College of Justice.
The college was founded in 1532 byKing James V following abull issued byPope Clement VII on 15 September 1531. It provided for 10,000gold ducats to be contributed by theScottish bishoprics andmonastic institutions for the maintenance of its members, one half of whom would be members of the "ecclesiastical dignity".[5]
| College of Justice Act 1532 | |
|---|---|
| Act of Parliament | |
 | |
| Long title | Concerning the ordour of Justice and the institutioun of ane college of cunning and wise men for the administracioun of Justice. |
| Citation | c. 2 [12mo ed: 1537 cc. 36–41] |
| Dates | |
| Royal assent | 17 May 1532 |
| Other legislation | |
| Amended by | |
Status: Amended | |
| Text of the College of Justice Act 1532 as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk. | |
TheParliament of Scotland passed theCollege of Justice Act 1532 (c. 2) on 17 May 1532 authorising the creation of the college with 14 members, half spiritual, half temporal, plus a president and theLord Chancellor. The college convened for the first time on 27 May 1532, in the royal presence. Supplementing the 14 ordinary lords, who were called senators, were an indefinite number of supernumerary judges calledextraordinary lords.
The founding members of the College of Justice were:
The college at its foundation dealt with underdevelopedcivil law. It did not dispense justice in criminal matters as that was an area of the law reserved to the king's justice, through thejusticiars (hence the High Court of the Justiciary), theBarony Courts and theCommission of Justiciary. The High Court of Justiciary was only incorporated into the College of Justice in 1672. Initially, there was little legal literature.Acts of theParliament of Scotland and the books of the Old Law as well asRoman Law andcanon law texts were about all to which the pursuer and defender could refer. It was only after the establishment of the court that this situation improved, with judges noting their decisions in books of practicks.
TheTreaty of Union 1707 withEngland preserved theScottish Legal System. Article XIX provided "that the Court of Session or College of Justice do after the Union and notwithstanding thereof remain in all time coming within Scotland, and that the Court of Justiciary do also after the Union ... remain in all time coming."
TheCourt of Session is the highest national court ofScotland in relation tocivil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. TheActs of Union establishing the United Kingdom provided that the court will "remain in all time coming". Cases atfirst instance are heard in theOuter House by a single judge. TheInner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat atParliament House since 1707.[7] TheScottish Courts and Tribunals Service and thePrincipal Clerk administers the court and judges.
The creation of the court was part of wider efforts to improve and reform access to justice in Scottish society. By 1153, the local feudal courts had been established. Depending on the part of Scotland where the cause originated, justice might also be available from the local baron or lord of regality, sitting with the king's authority.[8] Parties often found these courts ineffectual. Appeal of the decisions of local courts lay to the king and the Lords of Council, sitting together as the King's Council, or the Parliament of Scotland. The burden on these bodies of hearing appeals led to a growing effort to divest their judicial functions.
TheHigh Court of Justiciary is thesupremecriminal court inScotland. The High Court is both atrial court and acourt of appeal. As a trial court, the High Court sits on circuit atParliament House or in the adjacent former Sheriff Court building in theOld Town inEdinburgh, or in dedicated buildings inGlasgow andAberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the localsheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, atZeist in theNetherlands during thePan Am Flight 103 bombing trial, as theScottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal byAbdelbaset al-Megrahi. The High Court will hear appeals from thesheriff courts of Scotland where the trial was undersolemn proceedings; the High Court will also hear referrals onpoints of law from theSheriff Appeal Court, and fromsummary proceedings in the sheriff courts andjustice of the peace courts. Cases can be remitted to the High Court by thesheriff courts afterconviction forsentencing, where a sheriff believes that their sentencing powers are inadequate. The High Court can impose alife sentence but the sheriff has a limit of five years sentencing; both can issue an unlimitedfine.
The origins derive from theJusticiar and College of Justice, as well as from the medievalroyal courts andbarony courts. The medievalJusticiar (royal judge) took its name from the justices who originally travelled around Scotland hearing cases on circuit or 'ayre'. From 1524, the Justiciar or a depute was required to have a "permanent base" in Edinburgh.[9]
TheKing of Scots sometimes sat in judgment of cases in the early King's Court, and it appears that appeals could be taken from the King's Court to theParliament of Scotland in civil cases but not in criminal ones. In 1532 the College of Justice was founded, separatingcivil andcriminal jurisdiction between two distinct courts. The King's Court was, however, normally the responsibility of the Justiciar. The Justiciar normally appointed several deputes to assist in the administration of justice, and to preside in his absence. A legally qualifiedclerk advised the Justiciar and his deputes as they were generallynoblemen and often notlegally qualified. This clerk prepared all theindictments and was keeper of the records. Eventually the influence of the clerk increased until the clerk gained both a vote in the court, and a seat on thebench as theJustice-Clerk.[9][10]
TheOffice of the Accountant of Court is a public body which is a constituent part of theSupreme Courts ofScotland.[11] The Accountant of Court is administered by theScottish Courts and Tribunals Service. The Accountant of Court's Office formerly dealt with guardianship cases in respect of adults withincapacity. However, following the introduction of theAdults with Incapacity (Scotland) Act 2000 by theScottish Parliament, these cases were transferred to the newOffice of the Public Guardian (Scotland). Based inFalkirk, the office ofAccountant of Court, also known as theAccountant of the Court of Session (seeCourt of Session), was established by the Judicial Factors Act 1849, and their role was further defined by the Children (Scotland) Act 1995.
The Accountant of Court is responsible for ensuring that those appointed by the Courts as Judicial Factor in terms of the Judicial Factors Act 1849[12] manage the estates in their charge properly. The Accountant of Court will generally superintend the actions of a Judicial Factor and provide them with the necessary guidance and direction required progress a case. In addition the Accountant of Court is also responsible for investigating any concerns or complaints that are raised against a Judicial Factor.[13]
The Accountant of Court is also responsible for supervising Enforcement Administrators appointed by the Courts to recover assets confiscated in terms of the Proceeds of Crime (Scotland) Act 1995.
TheSenators of the College of Justice are judges of the College of Justice, with three types different types of senator – Lords of Session (judges of the Court of Session); Lords Commissioners of Justiciary (judges of theHigh Court of Justiciary); and the Chairman of theScottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the termsenator is almost exclusively used in referring to the judges of these courts. On occasions, temporary judges may be appointed to sit in the Supreme Courts of Scotland in order to carry out the same work as permanent senators but will carry out their duties on a part-time basis, and as a result, are referred to as "Judge" rather than Lord or Lady.[14]
The Court of Session has in place "special provisions" allowing it to deal with commercial actions which would ensure that specialist judges handle cases quickly and flexibly.[14] The current commercial judges areLord Tyre,Lord Clark,Lord Braid andLord Ericht.[14]
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