Part 1Judicial independence

1Guarantee of continued judicial independence

1

The following persons must uphold the continued independence of the judiciary—

a

the First Minister,

b

the Lord Advocate,

c

the Scottish Ministers,

d

members of the Scottish Parliament, and

e

all other persons with responsibility for matters relating to—

i

the judiciary, or

ii

the administration of justice,

where that responsibility is to be discharged only in or as regards Scotland.

2

In particular, the First Minister, the Lord Advocate and the Scottish Ministers—

a

must not seek to influence particular judicial decisions through any special access to the judiciary, and

b

must have regard to the need for the judiciary to have the support necessary to enable them to carry out their functions.

3

In this section “the judiciary” means the judiciary of—

a

the Supreme Court of the United Kingdom,

b

any other court established under the law of Scotland, and

c

any international court.

4

In subsection (3)(c) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

a

an agreement to which the United Kingdom or Her Majesty’s Government in the United Kingdom is a party, or

b

a resolution of the Security Council or General Assembly of the United Nations.