Define: Lord Justice–Clerk

Lord Justice–Clerk
Lord Justice–Clerk
Quick Summary of Lord Justice–Clerk

The Lord Justice-Clerk is the second highest judge in Scotland and is responsible for overseeing criminal law. They preside over the Second Division of the Inner House of the Court of Session.

Full Definition Of Lord Justice–Clerk

The Lord Justice-Clerk holds the second highest position in the Scottish judiciary and has historically been entrusted with the oversight of criminal law. Specifically, they preside over the Second Division of the Inner House of the Court of Session. For instance, the Lord Justice-Clerk plays a crucial role in supervising criminal cases in Scotland, collaborating closely with fellow judges to guarantee the administration of justice and the upholding of the law. In summary, the Lord Justice-Clerk is a significant figure within the Scottish legal system, bearing substantial responsibility in the realm of criminal law and ensuring the equitable and just handling of cases. They work in conjunction with other judges to ensure the preservation of the law and the delivery of justice.

Lord Justice–Clerk FAQ'S

The Lord Justice-Clerk is the second most senior judge in Scotland’s criminal justice system. They preside over the High Court of Justiciary and are responsible for ensuring the smooth administration of justice.

The Lord Justice-Clerk is appointed by the Monarch on the recommendation of the First Minister of Scotland, following consultation with the Lord President of the Court of Session.

To be eligible for the position of Lord Justice-Clerk, one must have extensive legal experience and be a qualified advocate or solicitor of at least 10 years standing.

Yes, the Lord Justice-Clerk can hear appeals in certain cases. They have the authority to sit as a judge in the Court of Criminal Appeal and the High Court of Justiciary.

While both positions are highly esteemed in the Scottish legal system, the Lord President of the Court of Session is the highest-ranking judge in Scotland, whereas the Lord Justice-Clerk is the second highest.

Yes, the Lord Justice-Clerk can be removed from office through a process known as impeachment. This requires a motion to be passed by the Scottish Parliament, followed by a trial in the House of Lords.

Yes, the Lord Justice-Clerk has various administrative responsibilities, including overseeing the allocation of cases, managing court resources, and ensuring the efficient functioning of the criminal justice system.

Yes, the Lord Justice-Clerk has the authority to make decisions independently within their jurisdiction. However, certain matters may require consultation with other judges or the Lord President.

The term of a Lord Justice-Clerk is not fixed and can vary. Typically, they serve until retirement, which is usually at the age of 75, but they can also choose to retire earlier.

Yes, it is possible for the Lord Justice-Clerk to be promoted to the position of Lord President of the Court of Session. However, this appointment is made by the Monarch on the recommendation of the First Minister and is subject to various factors, including qualifications and experience.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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