The Queen chats with the Lord Justice General of Scotland in the Palace of Holyroodhouse, July 2006 QUEEN AND THE LAW IN SCOTLAND The Scottish legal system developed separately from the legal system in England, and the Sovereign plays a different role in it to that in England and Wales. The Crowns of England and Scotland were not united until 1603, when the Scottish King James VI ascended the English throne. Until the Act of Union of 1707 (which established the Parliament of Great Britain) Scotland had her own Parliament. In the Act of Union, the continued existence of a separate legal system in Scotland was expressly provided for. In his reign, King David’s court heard important cases and appeals from the lower courts. Justiciars appeared as the King’s delegates for the administration of justice and they went on circuit to deal locally with cases not heard by the King’s Court. The office of Sheriff (appointed by and acting on behalf of the King) was also established by David I, and lesser cases were heard from time to time in the Sheriff’s Court in various places throughout Scotland. The Scottish Parliament evolved some time in the thirteenth century. It originally existed as a Supreme Court and was derived from the King’s Court sitting with counsel for discussion. In the administration of criminal justice, the office of King’s Advocate emerged in the fifteenth century. The King’s Advocate was entitled to appear in cases to represent the King’s interests in securing law and order (at that time all but the most serious crimes were pursued by the injured party). By an Act of the Scottish Parliament of 1587 the Advocate was authorised to ‘pursue slaughters and other crimes although the parties be silent or would otherwise privily agree’. The system of public prosecution in Scotland surviving to this day was created, allowing the Advocate to prosecute regardless of the private interests of the parties. The Lord Advocate (or Her Majesty’s Advocate), as he is now known, is appointed by The Queen on recommendation of the Prime Minister. He is responsible for virtually all prosecutions in Scotland (which are on behalf of the Crown). Today, Scotland’s two most senior judges, the Lord President and the Lord Justice Clerk, are appointed by The Queen on recommendation of the Scottish First Minister. Other judges of the Supreme Court, and Sheriffs, are also appointed by The Queen on recommendation of the First Minister. |
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King David I SUGGESTED LINKS |
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