The Office of Sheriff Principal
Eligibility
Eligibility for the office of Sheriff Principal is set out in Section 14 of the Courts Reform (Scotland) Act 2014. Immediately before the appointment you must:
- Hold any other judicial office specified in Section 14, or
- Be legally qualified (either as an Advocate or a Solicitor) for a period of 10 years.
Whilst holding any of the offices set out in Section 14, post-holders cannot engage directly or indirectly in any private practice or business, or be in partnership with or employed by, or act as an agent for, any person so engaged.
Legal, Judicial and Personal Qualities
In reaching its decision on making a recommendation for appointment, the Judicial Appointments Board for Scotland will assess candidates through the application and interview process. The following is a summary of the skills, abilities and characteristics which are required for the role of Sheriff Principal and which will be tested during the process.
A Sheriff Principal candidate will have a high level of legal knowledge, experience and standing in the area(s) of law in which they specialise. In particular, they will have very strong skills in the analysis and interpretation of the law, which will be necessary for considering and deciding cases in the Sheriff Appeal Court (SAC). They will also have the ability to deal effectively with other areas of the law in which they are not expert, including new areas.
They will have, or will be able to demonstrate their ability to develop, strong leadership qualities and skills. They will have the capacity to think strategically and contribute, with the Lord President and the other Sheriffs Principal, to the development and successful operation of the courts in Scotland.
They will have, or will be able to develop quickly, the skills and abilities to manage effectively and efficiently the business of the sheriffdom, as well as being able to manage and conduct their own case load.
Candidates will have excellent judgement demonstrating they are able to arrive at sound decisions in cases and more generally in performing the functions of Sheriff Principal. Being impartial, fair and open-minded is important to this role.
Having well developed and effective communication skills and other personal qualities, including being able to engage with abroad spectrum of people and organisations, is necessary for the role. Candidates need to possess the ability to produce written work, including decisions of the SAC, which are clear, concise, well-reasoned and completed timeously.
The ability to work in a collegiate manner and to develop good working relationships with fellow Sheriffs Principal and justice partners is an important requirement of the role.
This is a very challenging and busy role which requires considerable personal resilience, given the workload and travel requirements.
What We Are Looking For
A Sheriff Principal candidate will have a high level of legal knowledge, experience and standing in the area(s) of law in which they specialise. In particular, they will have very strong skills in the analysis and interpretation of the law, which will be necessary for considering and deciding cases in the Sheriff Appeal Court. They require:
- High level of knowledge of the substantive law in the area(s) of the applicant’s
practice or specialism - High level of skill and competence:
- in the interpretation and analysis of case law and statute law in either or both civil and criminal law and
- practice in identifying, distinguishing and analysing complex issues of fact and law
- Ability to interpret and apply the law in unfamiliar areas
In addition to their legal expertise, Sheriffs Principal are expected to have excellent personal and judicial qualities. These include being able to demonstrate sound leadership and management skills, or the ability to acquire such skills in office to ensure the efficient operation of the courts within the sheriffdom.
Leadership and Strategic Thinking
- Ability to lead a team effectively, inspiring confidence and respect
- Ability to think strategically to see the wider picture
- Ability to identify the need for and manage change to facilitate the effective and efficient administration of justice
Working with Others
- Ability to work collegiately
- Ability to support and promote the professional and personal development of judicial colleagues in the sheriffdom
- Ability to identify, build and sustain effective relationships within and beyond the sheriffdom
Managing Work Effectively and Efficiently
- Ability to manage the work and resources of a sheriffdom effectively and efficiently
- Ability to manage own time and cases effectively and efficiently
- Ability to deliver work at speed and under pressure
Exercising Judgement
- Ability to be open-minded and fair to all, exercising discretion appropriately
- Ability to analyse and assess complex evidence and arguments, reason clearly and reach clear conclusions
- Ability to make sound judicial and other decisions with confidence and including in the face of challenge
Communicating Effectively
- Ability to communicate clearly and effectively with a wide range of others
- Ability to listen with patience and respect
- Ability to produce written work including decisions in complex cases that is clear, concise, well-reasoned and timeous
Personal Qualities
- Ability to set, model and promote the highest standards of judicial conduct
- Ability to maintain personal resilience, while managing a varied and demanding workload
Role and Responsibilities
Sheriffs Principal may sit in any civil or criminal case in their sheriffdom. Their primary judicial function is as an appellate judge in the Sheriff Appeal Court in respect of civil and summary criminal appeals. The Court is usually chaired by a Sheriff Principal.
The Lord President appoints Sheriffs Principal to the offices of President and Vice President of the Sheriff Appeal Court.
Decisions of the Sheriff Appeal Court are binding on itself (when constituted by an equal or smaller quorum) and all Sheriff and JP Courts.
Appeals can arise from any civil case, including commercial causes, family actions, adoption, personal injury litigation and licensing. Procedure in civil appeals is determined by the Sheriff Appeal Court Rules and Practice Note.
Criminal appeals (both sentence and conviction appeals) are presented in written form and supplemented by oral argument. Appeals against conviction are heard by a bench of three appeal sheriffs and those against sentence by a bench of two.
All appeals require advance preparation. Some civil appeals are dealt with by way of written submissions, while others are heard by a Sheriff Principal sitting alone or by a bench of three or more appeal sheriffs. Straightforward appeals may be disposed of on the day by way of an ex tempore decision. Adequate reasons must be given. More complicated appeals will go to avizandum and a written judgment has then to be prepared. The Sheriff Appeal Court, whether sitting to hear criminal or civil appeals, will usually be chaired by a Sheriff Principal.
Sheriffs Principal have the responsibility of hearing appeals, arising in their own sheriffdoms, from the Mental Health Tribunal under section 320 of the Mental Health (Care and Treatment) (Scotland) Act 2003, from Licencing Boards under section 131 of the Licensing (Scotland) Act 2005 and under section 22 of the Ethical Standards in Public Life etc. (Scotland) Act 2000.
Sheriffs Principal conduct particularly complex Fatal Accident Inquiries. Their findings and recommendations can be highly influential, and lead to changes in the practice and procedure of many organisations.
A Sheriff Principal may conduct other inquiries or preside over tribunals under particular statutes. These include inquiries into constituency boundaries and matters such as the registration of residential homes and police disciplinary appeals.
The role of Sheriff Principal requires individuals with the intellectual and legal standing to perform the functions of the office.
The Sheriff Principal requires knowledge and experience in the branch of the law in which they have regularly practised, but also their ability to work effectively in all branches of the law that may arise in the course of their judicial duties, including new or emerging areas.
A Sheriff Principal is responsible to the Lord President for the disposal of business in their sheriffdom. It is the duty of each Sheriff Principal to manage the business in the sheriffdom, identify priorities and resolve problems that impact on the efficiency of the courts within their jurisdiction
Such duties include:
- Arranging and confirming sitting dates and court holidays
- Developing, approving and overseeing the administration of the sheriffdom court programme and the allocation of sheriffs/summary sheriffs to each court to secure its implementation
- Ensuring the pastoral care, welfare and development of sheriffs and summary sheriffs is maintained. This includes career development, responses to consultation requests from the Judicial Appointments Board and input to the internal transfer of shrieval resources across Scotland.
- Ensuring that the shrieval complement in the sheriffdom is adequate and properly deployed
- Allocating sheriffs/summary sheriffs to particular specialisms
- Addressing the demands of the High Court of Justiciary for temporary judges and Tribunals for shrieval assistance, including the impact of their deployment on the resources of the sheriffdom
- Regulating shrieval leave; and dealing with exceptional requests for leave
- Dealing with requests for leave of absence to engage in official activities such as judicial training, meetings with local authorities and other agencies and conferences
- Managing the deployment of sheriffs and summary sheriffs in the courts in the sheriffdom and ensuring shrieval cover is available to cover the programmed business, including the use and deployment of part-time and retired sheriffs.
- Monitoring cases at avizandum, dealing with requests for writing time and taking steps to address delays in the production of written decisions
- Meeting and liaising with representatives of relevant organisations, whether at national, regional or local level, to discuss levels of business, anticipated developments and the most efficient use of court time
The Sheriff Principal may be appointed as Nominated Judge to deal with complaints against judicial office holders, within and beyond their sheriffdom.
The Sheriff Principal will deal with requests from outside agencies (e.g. schools, Law Faculties, TV and film companies) for the use of court facilities, for example for debating competitions or filming.
The Sheriffs Principal are frequently invited to speak on a range of legal topics at local and national events.
Sheriffs Principal have responsibility for the administration of the Justice of the Peace Courts within the sheriffdom by virtue of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. The responsibilities include selecting those persons who will sit on the Sheriffdom JP Advisory Committee (with responsibility for recruitment), and the Sheriffdom Training and Appraisal Committees. The Sheriff Principal chairs the JP Advisory Committee which requires to meet regularly to monitor patterns of business and JP availability. He or she also has a responsibility for interviewing and recommending the appointment of Justices of the Peace
In addition to their responsibilities within the sheriffdom and on Sheriff Appeal Court bench, Sheriffs Principal may be appointed by the Lord President to sit on a variety of boards and committees, including
- The Judicial Appointments Board for Scotland
- The Rules Council
- The Scottish Civil Justice Council and its committees
- The Scottish Sentencing Council and/or its committees
- The Parole Board for Scotland
- The Board of the Scottish Courts and Tribunals Service
- SCTS working groups
- Court user groups
- Criminal justice bodies
- Research groups
Sheriffs Principal are expected to work collegiately, including fellow Sheriffs Principal, appeal sheriffs and the Lord President and Lord Justice Clerk.
Any judicial post holder must possess a range of personal and judicial qualities in order to successfully perform the functions of the office.
Applying to become a Sheriff Principal
Sheriff Principal TBD has spoken about their experience in applying for the role of Sheriff Principal of Sheriffdom TBD, the challenges they faced in crafting a well evidenced application form, how they prepared for interview and what they wish they knew before the started on the journey.
