| Agency overview | |
|---|---|
| Formed | 2002 |
| Type | advisory non-departmental public body |
| Jurisdiction | Scotland |
| Headquarters | Thistle House, Edinburgh |
| Agency executives |
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| Parent agency | Scottish Government |
| Website | www |
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 Scotland in the UK and Europe | |
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TheJudicial Appointments Board for Scotland (Scottish Gaelic:Bòrd Dreuchdan Breithneachaidh na h-Alba) is anadvisory non-departmental public body of theScottish Government responsible for making recommendations on appointments to certain offices of thejudiciary of Scotland. It was established in June 2002 on a non-statutory,ad hoc, basis by the Scottish Government, and was givenstatutory authority by theJudiciary and Courts (Scotland) Act 2008.
All recommendations are made to theFirst Minister, who must consult theLord President of the Court of Session before making a recommendation to themonarch in relation to full-time, permanent, judiciary, or before any appointments are made byScottish Ministers to temporary or part-time judicial office.
The board does not make recommendations for, or have any in role in the appointment of,justices of the peace, whose appointments are made by Scottish Ministers on the recommendation of Justice of the Peace Advisory Committees for eachsheriffdom.
The Judicial Appointments Board was established in June 2002 on a non-statutory,ad hoc, basis by the Scottish Government,[1] and was givenstatutory authority by the Judiciary and Courts (Scotland) Act 2008.[2] The board was established on a statutory basis following criticism of its perceived lack of independence frompolitical interference by theexecutive, and following the Scottish Government's consultationStrengthening Judicial Independence in a Modern Scotland.[3]
In 2002 the board initially had equal numbers of lay andlegally qualified members: 5 lay members, 3judicial members, and 2 members from the legal profession (advocate andsolicitors). The method of creating the board and appointing members was not without criticism. TheLaw Society of Scotland in its members' magazineJournal was critical that the appointments process did not follow procedures recommended by theCommittee on Standards in Public Life, and the chair of the board is a lay member, a situation said to be "unique in Europe", where the norm is for self-governing bodies to control judicial appointments.[4]
In 2006 Sir Neil McIntosh, chair of the board, was critical that the Scottish Executive did not put the board on a statutory footing, as is the case for theJudicial Appointments Commission inEngland.[5]
The board continues to be chaired by a lay member, who is appointed to the position by the Scottish Ministers. The chairing member is appointed for a maximum of 4 years, and may be reappointed.[6]
All recommendations are made to theFirst Minister, who must consult theLord President of the Court of Session before making his or her recommendation to themonarch in relation to full-time judiciary. Appointments to the offices of temporary sheriff principal, part-time sheriffs and part-time summary sheriffs are made by the Scottish Ministers.[7]
As of February 2025 the board has 16 members, with 5 judicial members appointed by the Lord President, and 3 legal members and 8 lay members appointed by the Scottish Ministers. Judicial members include 2 appointed from the Court of Session (but may not be either the Lord President orLord Justice Clerk), asheriff principal, asheriff and a Chamber President of the First-tier Tribunals of Scotland. The legal members include anadvocate and asolicitor.[6][8]
As of January 2024, current board members were:[8]
Chairing members are always lay members of the board, and are appointed for a period of 4 years (up to a maximum of 8 years). The chairing member receives a daily fee of £350, and is eligible to claim expenses incurred whilst on board business.[8]
| Chairing member | Year assumed office | Year left office | Appointed by | |
|---|---|---|---|---|
| 1 | Sir Neil McIntosh | 2002 | 2008 | Jack McConnell |
| 2 | SirMuir Russell | 2008[9] | 2014[9] | Alex Salmond |
| 3 | Dr Michael Ewart | 2010 | 2016 | Alex Salmond (2010) Nicola Sturgeon (2016) |
| 4 | Nicola Gordon | 2016 | 2021 | Nicola Sturgeon (2016) |
| 5 | Mr Lindsay Montgomery | 2022 | Incumbent | Nicola Sturgeon (2022) |
Judicial members are appointed for 4 years (up to a maximum of 8 years) and receive no fees for work undertaken, though they may claim for incurred on board business.[8]
| Judicial member | Judicial office | Year assumed office | Year left office | Appointed by |
|---|---|---|---|---|
| Lord MacLean | Senator of the College of Justice | 2002 | 2005 | n |
| Bruce Kerr | Sheriff principal | 2002 | 2007 | Lord President Cullen |
| J Douglas Allan | Sheriff | 2002 | 2008 | Lord President Cullen |
| Lord Wheatley | Senator of the College of Justice | 2005 | 2007 | Lord President Cullen |
| Sir Stephen Young | Sheriff principal | 2007 | 2010 | Lord President Hamilton |
| Michael O'Grady | Sheriff | 2020 | ||
| Maryisa Lewis | Sheriff Principal | 2019 | 2021 | Lord President Carloway |
| Lady Wise | Senator of the College of Justice | 2018 | 2022 | Lord President Carloway |
| Lord Minginish | Chair of the Scottish Land Court | 2018 | 2022 | Lord President Carloway |
| Aisha Anwar | Sheriff Principal | 2021 | 2023 | Lord President Carloway |
| David Young | Sheriff | 2020 | 2024 | Lord President Carloway |
Legal members are appointed for 4 years (up to a maximum of 8 years) and receive a fee of £290 per day of board work, and they may claim for incurred on board business.[8]
| Legal member | Legal office | Year assumed office | Year left office | Appointed by | |
|---|---|---|---|---|---|
| Colin Campbell | Advocate | 2002 | 2005 | Lord President Cullen | |
| Michael Scanlan | Solicitor | 2002 | 2008 | Lord President Cullen | |
| Valerie Stacey | Advocate | 2005 | 2007 | Lord President Cullen | |
| Roy Martin | Advocate | 2007 | 2010 | Lord President Hamilton | |
| Morag Ross | Advocate | 2019 | 2023 | Lord President Carloway | |
| Cat MacLean | Solicitor | 2022 | 2024 | Lord President Carloway |
Lay members are appointed for 4 years (up to a maximum of 8 years) and receive a fee of £290 per day of board work, and they may claim for incurred on board business.[8]
| Lay member | Year assumed office | Year left office | Appointed by |
|---|---|---|---|
| Barbara Duffner | 2002 | 2008 | Jack McConnell |
| ProfessorJoan Stringer | 2002 | 2007 | Jack McConnell |
| Professor Alan Paterson | 2002 | 2008 | Jack McConnell |
| Sir Robert Smith | 2002 | 2007 | Jack McConnell |
| Reverend John Miller | 2009 | 2010 | Nicola Sturgeon |
| Neelam Bakshi | 2023 | Nicola Sturgeon | |
| Professor Stephen Tierney | 2023 | Nicola Sturgeon | |
| Deirdre Fulton | 2023 | Nicola Sturgeon |
The board has a remit for making recommendations on appointments to judicial offices as specified by Section 10 of the Judiciary and Courts (Scotland) Act 2008.[2]
The board is supported by its Business Management Unit, which is staffed by civil servants but is independent of theScottish Government, and is based in Edinburgh at Thistle House. The team is headed by Chief Executive, Ms Laura McGeary.
The members of the board are supported insifting and interviewing candidates for judicial office, and have all the powers of a lay member of the board except they cannot take part in the decision making of the board.[6] Appointments advisors may be appointed for three years and can subsequently be re-appointed for a further three years.[10]
| Name | Date appointed | Date appointment ends |
|---|---|---|
| Marieke Dawarshuis | ||
| Peter McGrath | ||
| Dr Geoff Garner | ||
| Deirdre Fulton |
In February, the Scottish Executive issued a consultation paper on whether the Board should be placed on a statutory basis. I regret that attaining statutory status is not yet law.
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