Lord Pentland highlights importance of rule of law

Lord Pentland highlights importance of rule of law

Lord Pentland

Scotland’s most senior judge has highlighted the importance of the rule of law and judicial independence during a speech at the annual opening of the legal year ceremony.

Addressing attendees at Parliament House in Edinburgh, the Lord President, Lord Pentland, stressed that the judiciary must remain free from external pressures to ensure public confidence in the impartiality and fairness of judicial decisions.

He said: “Every day in our courts and tribunals, judges across Scotland make decisions that uphold the law, protect rights, and resolve disputes fairly and impartially.

“These decisions – whether made in high-profile cases or in routine court or tribunal hearings – reinforce public confidence that justice is being done.

“The professionalism, integrity, and independence of our courts and tribunals judiciary are essential components of a successful democracy and a flourishing economy.

“Their work may sometimes go unseen, but its impact is profound: ensuring that individuals, families, businesses and communities receive fair treatment under the law.  Most members of our society will probably never have direct contact with the courts. But they can be confident that if they do they will encounter a system where every case is decided or presided over by a judge who is completely independent of any outside influence.

“The judiciary must remain free from external pressure, and the public must continue to have confidence that legal decisions are made impartially, transparently and in accordance with the law. Every judge in Scotland in all our courts and tribunals is dedicated to this principle.”

Lord Pentland added that the principle of open justice remains central to upholding the rule of law as he reaffirmed his commitment to openness and transparency. 

“Justice being dispensed in public is one of the most fundamental principles we have in this country,” he said.

“It is central to the justice system. It reinforces the independence, integrity and stability of our courts and serves to uphold the rule of law.”

The opening of the legal year ceremony traditionally marked the reopening of the courts following the summer recess.

The courts now sit throughout the year, however the ceremony continues to provide an opportunity to reflect on the progress of the previous legal year and set out the future aims and ambitions of the courts and the justice system.

The full ceremony, which was livestreamed, is available to view on the Scottish Courts and Tribunals Service website.

This year marked the first ceremony to be presided over by Lord Pentland, who was appointed as Lord President earlier this year.

During his speech, Lord Pentland highlighted a number of achievements over the last 12 months, including the launch of livestreaming in the Criminal Appeal Court, the national roll out of the summary case management scheme in the sheriff courts, and the introduction of a new case management system for the Office of the Public Guardian.

He also spoke of the need for continued reform within the justice system, adding: “Modernisation and reform are crucial to resolving the conundrum of how to manage within a tight public sector budget and at the same time continue to improve the quality of our service to the public.

“Targeted justice sector effort and, crucially, investment are essential.

“A justice system fit for the future must be one that empowers its people – judges, sheriffs, legal professionals, and support staff – with the tools they need to serve the public effectively.”

During the ceremony, Lord Pentland welcomed the 11 new King’s Counsel who have been appointed by His Majesty The King on the recommendation of First Minister John Swinney.

They are: Gordon Balfour, advocate; Leigh Lawrie, advocate; Ceit-Anna MacLeod, advocate; Drew McKenzie, advocate; David McLean, advocate; Rachel Shewan, advocate; Emma Toner, advocate; David Turner, advocate; Yvonne Waugh, advocate; David Dickson, solicitor advocate; and Gordon Martin, solicitor advocate.

Lord Pentland also welcomed three new Honorary King’s Counsel appointees: Dr Alastair Brown, Professor Lorne Crerar and Judge Norman McFadyen.

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