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Article 9: Judiciary, Prosecution And Rehabilitation Service

Description

The structure, powers and obligations of a fully independent Judiciary; the Courts.

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Section 9.1. In the exercise and function of its jurisdiction, the Judiciary is independent of the legislative and executive branches of Government.

2 comments · 16 Aug 2020
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Section 9.2. The judicial powers of Scotland are invested in the Court of Session and the High Court of Judiciary and in such subordinate courts as provided in law.

7 comments · 16 Aug 2020
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Section 9.3. The Lord President of the Court of Session, judges, sheriffs and justices of the peace are appointed in accordance with the law.

4 comments · 16 Aug 2020
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Section 9.4. The Judiciary will operate in accordance with the Statement of Principles of Judicial Ethics for the Scottish Judiciary.

1 comment · 16 Aug 2020
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Section 9.5. The organisation, powers, structure, jurisdiction, privileges and procedures of the various Courts are governed by law.

1 comment · 16 Aug 2020
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Section 9.6. The organisation and procedures of the Law Commission are governed by law.

1 comment · 16 Aug 2020
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Section 9.7. The Crown Office and Procurator Service is the independent prosecution service of Scotland and a Ministerial Department of the Scottish Government.

6 comments · 16 Aug 2020
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Section 9.8. The Lord Advocate is responsible for the Crown Office and the Solicitor General is responsible for the Procurator Service. Both appointments are made on the recommendation of the First Minister.

7 comments · 16 Aug 2020
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Section 9.9. The Cabinet Secretary for Justice will exercise the right of pardon, and of remitting punishments, following due consideration by an independent Pardons board.

4 comments · 16 Aug 2020
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Section 9.10. The rehabilitation of prisoners will be the key feature of the Scottish criminal justice system, normalising the prison environment, working to limit prison stay, reinstatement with mentoring and through reintegration of prisoners into society and making restitution. The main focus to be on preventing reoffending by understanding and removing the causes for criminal behaviour in the first place.

7 comments · 16 Aug 2020

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