Secondary legislation prepares way for Scottish Sentencing Council creation

In preparation for the establishment of the Scottish Sentencing Council later this year two Scottish Statutory Instruments laid before the Scottish Parliament have now entered into force.

The Scottish Sentencing Council (Procedure for Appointment of Members) Regulations 2015 (No 225) sets out the procedure that the Lord Justice General must follow when making appointments to the Council.

With the exception of the Lord Justice Clerk, who is chairing member by virtue of his office, the Lord Justice General is responsible for appointing judicial and legal members to the Council, after consulting the Scottish Ministers. 

Members will be appointed in time for the establishment of the Council in October 2015.  Details on the launch of the recruitment exercise and selection of members will be announced in due course. 

The Scottish Courts and Tribunals Service (Administrative Support) (Specified Persons) Order 2015 (No 224) gives the Scottish Courts and Tribunal’s Service (SCTS) the function of providing administrative support for the Council, by adding the Scottish Sentencing Council to the list of persons at section 62 of the Judiciary and Courts (Scotland) Act 2008 that the SCTS must provide property, staff and services to.

Other bodies which the SCTS provides support functions for include: the Criminal Courts Rules Council, the Scottish Civil Justice Council and the Public Guardian.