SCHEDULE 1THE SCOTTISH SENTENCING COUNCIL

(introduced by section 1(2))

1Membership

1

The Council consists of a chairing member, other judicial members, legal members and lay members.

2

The chairing member is the Lord Justice Clerk.

3

The other judicial members comprise—

a

one other person holding the office of judge who normally sits as a judge of the Outer House of the Court of Session or the High Court of Justiciary,

b

one person holding the office of sheriff (other than a sheriff principal),

c

two persons holding the office of justice of the peace or stipendiary magistrate, and

d

one other person holding—

i

any of the offices mentioned in paragraphs (a) to (c), or

ii

the office of sheriff principal.

4

The legal members comprise—

a

one prosecutor within the meaning of section 307 of the 1995 Act,

b

one advocate practising as such in Scotland (other than one who is a prosecutor), and

c

one solicitor practising as such in Scotland (other than one who is a prosecutor).

5

The lay members comprise—

a

one constable,

b

one person appearing to the Scottish Ministers to have knowledge of the issues faced by victims of crime, and

c

one other person who is not qualified for appointment as a judicial or legal member.

2Procedure for appointment of members

1

It is for the Lord Justice General, after consulting the Scottish Ministers, to appoint the members of the Council other than the Lord Justice Clerk and the lay members.

2

It is for the Scottish Ministers, after consulting the Lord Justice General, to appoint the lay members.

3

The Lord Justice General may appoint a person to be a member only if the person has been nominated, or otherwise selected for appointment, in accordance with such procedures as the Scottish Ministers may by regulations prescribe.

4

The regulations may—

a

in particular, make provision for or in connection with enabling a person to nominate or select persons suitable for appointment,

b

prescribe different procedures for different categories of membership.

5

The Scottish Ministers must consult the Lord Justice General before making the regulations.

3Persons disqualified from membership

A person is disqualified from appointment, and from holding office, as a member of the Council if the person is or becomes—

a

a member of the House of Commons,

b

a member of the Scottish Parliament,

c

a member of the European Parliament,

d

a councillor of any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

e

a Minister of the Crown, or

f

a member of the Scottish Executive.

4Term of office

1

A member holds office for such period not exceeding 5 years as the Lord Justice General or, as the case may be, the Scottish Ministers may, at the time of appointment, determine.

2

A member ceases to hold office—

a

on becoming disqualified from holding office as a member, or

b

on ceasing to fall within the category of membership under which the member was appointed.

3

A person who has previously been a member may not be re-appointed.

4

In this paragraph, “a member” means a member appointed by the Lord Justice General or the Scottish Ministers.

5Resignation and removal of members

1

A member appointed by the Lord Justice General may resign office by giving notice in writing to the Lord Justice General.

2

A member appointed by the Scottish Ministers may resign office by giving notice in writing to the Scottish Ministers.

3

The Lord Justice General may, by notice in writing, remove a judicial or legal member if satisfied that the member is unfit to be a member by reason of inability, neglect of duty or misbehaviour.

4

The Scottish Ministers may, by notice in writing, remove a lay member if satisfied that the member is unfit to be a member by reason of inability, neglect of duty or misbehaviour.

6Suspension of judicial members

A judicial member is suspended from acting as such during any period in which the member is suspended from the judicial office which the member holds.

7Chairing of the Council

1

The Lord Justice Clerk is to chair meetings of the Council.

2

If the Lord Justice Clerk is for any reason unable to chair a meeting, the meeting may be chaired by another judicial member nominated—

a

by the Lord Justice Clerk, or

b

if the Lord Justice Clerk is unable to make such a nomination, by the Council.

3

The Lord Justice Clerk may nominate another judicial member to chair meetings of the Council for a temporary period.

8Committees

The Council may establish committees comprising members of the Council.

9Proceedings

The Council may determine—

a

its own procedure (including the number of members required to constitute a quorum), and

b

the procedure (including the number of members required to constitute a quorum) of any committees established by it.

10Validity of acts

The validity of proceedings or actings of the Council is not affected by—

a

any vacancy in the membership of the Council,

b

any defect in the appointment of a member of the Council, or

c

disqualification of any person from holding office as a member of the Council.

11Ancillary powers

The Council may do anything which it considers necessary or expedient for the purposes of or in connection with its functions.

12Delegation

1

Any function of the Council, other than the function of submitting sentencing guidelines to the High Court of Justiciary for approval, may be carried out on its behalf by—

a

a member of the Council,

b

a committee, or

c

any other person,

authorised (whether specially or generally) by it for the purpose.

2

Nothing in sub-paragraph (1) prevents the Council from exercising any function delegated under that sub-paragraph.

13Maladministration

In the Scottish Public Services Ombudsman Act 2002 (asp 11), in schedule 2 (which lists the authorities subject to investigation under that Act), in Part 2 (entries amendable by Order in Council), after paragraph 50 insert—

50A

The Scottish Sentencing Council.

14Freedom of information

In the Freedom of Information (Scotland) Act 2002 (asp 13), in schedule 1 (which lists the Scottish public authorities subject to that Act), in Part 7 (other authorities), after paragraph 98 insert—

98A

The Scottish Sentencing Council.