"I have decided to establish a judicial studies committee
to promote training for the judiciary both in the supreme court
and in the sheriff court….
The committee will be supported by a director of judicial studies
who will be a serving sheriff undertaking this work on a part-time
basis. The remit of the director will be to initiate and promote
appropriate developments under the supervision of the judicial studies
committee.
The committee will be able to build on the foundation of induction
and other training already provided by the Sheriffs' Association.
But the speed and scale of change in many areas of the law in recent
years, the increasing impact of information technology, and the
greater emphasis across the professions on continuing development
for their members all point to the need for more sustained and co-ordinated
effort in the training field. In the past, there has been little
or no formal training for supreme court judges, and the new committee
will also consider their needs, which in some respect will be the
same as those of the shrieval bench.
I believe that, by focusing effort in this way, the knowledge
base and practical skills of the Scottish judiciary will, over time,
be significantly enhanced, in ways which will both benefit court
users and enhance public confidence in the justice system."
Unlike the situation in other legal jurisdictions, judicial training
is not addressed in statute in Scotland, and the JSC has no formal
powers. The JSC works closely with senior members of the judiciary
in Scotland to ensure that its priorities are given effect to. The
JSC has no responsibility for district courts or tribunals.
The JSC was chaired, following its creation, by the former Lord
Justice-Clerk, the Rt. Hon Lord Ross. Lord Ross stood down as Chairman
on 31 December 2001. He was replaced by the Hon Lord Wheatley, a
senator of the College of Justice. The JSC also comprises one other
Supreme Court judge, one sheriff principal, two sheriffs, one part-time
sheriff and one advocate. Meetings are also attended by a senior
civil servant from the Scottish Executive Justice Department.
The composition of the JSC is regarded as significant, as all members
except for one are either serving or retired judges. This means
that policy on judicial training and decisions to implement that
policy are in the hands of the judiciary themselves. Any other approach
could be considered a threat to the constitutionally important principle
of judicial independence. Of course, that does not prevent the JSC
taking advice from other groups or bodies within society on the
need for training and the possible forms it might take, and in practice
it does so, but the JSC retains autonomy over judicial training
issues.
The day-to-day organisation of judicial training events and written
materials is carried out by a Director of Judicial Studies, who
is now engaged full-time in this post, and a small support staff
based presently in Bearford House, 39 Hanover Street, Edinburgh. Practical assistance
is also given by many judges on a voluntary basis. The JSC supervises
the work of the Director and his staff to ensure that the JSC's
policy objectives are being met. The Director is customarily a serving
sheriff who is seconded from judicial duties for a specific period
to perform this role. The Director also sits on the JSC as an ex
officio member.
The JSC liaises frequently with a number of agencies within the
Scottish legal system, and also has close links with judicial studies
organisations in other legal jurisdictions, and participates in
UK-wide, European and international judicial training networks.
The JSC is a member of the European Judicial Training Network [http://www.ejtn.net/]. The JSC's work includes -
- Organising seminars, courses and similar events for judges and
sheriffs, whether on their appointment to introduce them to the
knowledge and skills required to judge effectively; or throughout
their judicial tenure on specific issues;
- Issuing and updating manuals and briefing papers on aspects
of judicial work;
- Informing judges of recent legal developments through the use
of information technology
This list is not exhaustive. For instance, one of the main areas
of the JSC's work recently has been addressing the human rights
developments in Scots law as a result of the coming into force of
both the Scotland Act 1998 and the Human Rights Act 1998. Future
areas of training will increase awareness of different social and
cultural factors which may affect the business of the courts and
those who come before them.
