Legal Definitions - Lord Justice General

The Lord Justice General is the most senior judge in Scotland. This individual holds two crucial positions: they are the head of Scotland's highest criminal court, known as the High Court of Justiciary, and they also serve as the Lord President of the Court of Session, which is Scotland's supreme civil court. In essence, the Lord Justice General oversees both the criminal and civil justice systems at the highest level within Scotland.

Here are some examples illustrating the role of the Lord Justice General:

• Example 1: Presiding over a landmark criminal appeal.

  A complex criminal case involving a novel interpretation of evidence law reaches the High Court of Justiciary on appeal. The Lord Justice General would typically preside over the panel of judges hearing this appeal, providing a definitive ruling that clarifies the law for all other criminal courts in Scotland. This demonstrates their role as the ultimate authority in Scottish criminal law, ensuring consistency and fairness in the application of justice.

• Example 2: Leading reforms in civil court procedures.

  The Scottish Government proposes significant changes to how civil cases, such as commercial disputes or family law matters, are handled in court to improve efficiency. The Lord Justice General, in their capacity as Lord President of the Court of Session, would be instrumental in reviewing these proposals, consulting with other judges, and ultimately implementing new rules or practices for the civil courts. This highlights their leadership in the civil justice system and their responsibility for its effective administration.

• Example 3: Advising on judicial appointments and policy.

  When new judges need to be appointed to Scotland's higher courts, or when the Scottish Parliament is debating legislation that impacts the judiciary, the Lord Justice General is the primary judicial figure consulted. They provide expert advice on the suitability of candidates and the practical implications of new laws on the courts, acting as the principal voice of the Scottish judiciary. This illustrates their overarching leadership and influence as the highest judicial officer in Scotland.