Lord Justice Clerk Explained

Post:Lord Justice Clerk
Insignia:Royal Coat of Arms of the United Kingdom (Government in Scotland).svg
Insigniasize:180px
Incumbent:Lady Dorrian
Incumbentsince:13 April 2016
Style:The Right Honourable
Appointer:Monarch on the advice of the First Minister
Termlength:Life tenure with compulsory retirement at 75
Salary:£215,256 (Salary Group 2)

The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. The current Lord Justice Clerk is Leeona Dorrian, Lady Dorrian, who was appointed to the position on 13 April 2016.[1] in June 2024 Lady Dorrian has announced her intention to retire from judicial office on 3 February 2025.[2]

History

In modern times, most judges appointed as Lord Justice Clerk later become Lord President of the Court of Session.

Originally clericus justiciarie or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord Clerk Register, the status of the office increased over time and the Justice-Clerk came to claim a seat on the Bench by practice and custom. This was recognised by the Privy Council of Scotland in 1663 and the Lord Justice Clerk became the effective head of the reformed High Court of Justiciary in 1672 when the court was reconstituted. The Lord Justice Clerk now rarely presides at criminal trials in the High Court, with most of his or her time being spent dealing with civil and criminal appeals.

The Lord Justice Clerk has the title in both the Court of Session and the High Court of Justiciary and, as President of the Second Division of the Inner House, is in charge of the Second Division of Judges of the Inner House of the Court of Session. The office is one of the Great Officers of State of Scotland.

Officeholders

See also

References

Notes and References

  1. Web site: Scotland appoints first female Lord Justice Clerk. 13 April 2016. The Herald. Helen. McArdle. 5 June 2016.
  2. Web site: Statement on retirement of Lord Justice Clerk . 2024-06-26 . Law Society of Scotland . en.
  3. Alan de Lawedre was Justiciary Clerk "upon the south side of the Water of Forth" and received, in 1374, a pension for same of £10 per annum. Refer: "Early Notices of the Bass Rock and its Owners" by John J. Reid, BA., FSA Scot., in "Proceedings of the Society of Antiquaries of Scotland", 14 December 1885, p. 56.
  4. Reid, 1885, p.58.
  5. Calendar of Documents relating to Scotland by Joseph Bain, F.S.A. Scot, etc., vol.iv 1357–1509, Edinburgh, 1888, no.1564.
  6. Web site: Brown . KM . Act rescinding the forfeiture of Sir George Campbell of Cessnock . The Records of the Parliaments of Scotland to 1707 . 22 July 2018.
  7. Scottish Judicial Appointments . 13 November 2001 . Number10.gov.uk . 15 August 2012 . http://webarchive.nationalarchives.gov.uk/20040117033010/number10.gov.uk/page2750 . 17 January 2004.
  8. Appointment of Lord Justice Clerk . 15 August 2012 . The Scottish Government . 15 August 2012 . dead . https://web.archive.org/web/20120817035919/http://www.scotland.gov.uk/News/Releases/2012/08/appointment15082012 . 17 August 2012 .
  9. Appointment of Lord Justice Clerk . 13 April 2016 . Scottish Courts and Tribunals . 5 June 2016.

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