Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences.

Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service.

The head of the judiciary in Scotland is the Lord President of the Court of Session[2] whose office dates back to 1532 with the creation of the College of Justice.

The justiciars and their deputes would go on circuit to hear the most serious of cases that could not be heard by the local feudal or sheriff courts,[4][5] in a comparable (but not identical) manner to Assizes in England.

[citation needed] In the Middle Ages, many Scots were subject to the local feudal lords, with only treason reserved to the royal courts.

In his role as Head of the Judiciary he is supported by the Judicial Office for Scotland, and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service.

[16] The Judicial Office is administered by an executive director of the Scottish Courts and Tribunals Service.

[17] The Lord President, and the wider judiciary, is advised on matters relating to the administration of justice by the Judicial Council for Scotland, which is a non-statutory body established in 2007.

[28] When a Senator sits as judge in the Outer House of the Court of Session they are referred to as a Lord Ordinary.

The office of chairman was created with the founding of the Scottish Land Court in 1991 by the Small Landholders (Scotland) Act 1911 which has a responsibility for hearing cases relating to agricultural tenancies and crofting.

His nomination by First Minister Alex Salmond was made following a recommendation of the Judicial Appointments Board for Scotland.

[41] To be eligible for appointment as a sheriff principal a person must be legally qualified as either an advocate or solicitor for at least 10 years.

[49][50] Sheriffs also preside over fatal accident inquiries which are convened to examine the circumstances around sudden or suspicious deaths, including those who die in the course of employment, in custody, or in secure accommodation.

[54] To be eligible for appointment as a summary sheriff a person must be legally qualified as either an advocate or solicitor for at least 10 years.

The maximum sentencing power of a justice of the peace is 60 days imprisonment, or a fine up to £2,500, or both, and the ability to disqualify drivers.

[59] Justices of the peace did, historically, have administrative functions such as regulating wages and contracts of servants and labourers, the maintenance of bridges, recruitment of militia, and special tax assessments.

They can only be removed from office for being unfit following a report from an independent tribunal, and subject to the oversight of the Scottish Parliament.

[65] Judicial independence was attested as early at 1599 when Lord President Seton addressed the King and said, "but this is a matter of law, in which we are sworn to justice according to our conscience and the statutes of the realm.

[68][69] Historically appointments were made on the advice of the Lord Advocate, which in 1999 raised questions of judicial independence from the executive.

Given that the Lord Advocate is also the chief public prosecutor for Scotland this meant the sheriff could be concerned about making a judgment that could see them removed from office.

Such a recommendation can only be made after a tribunal has been convened to investigate the matter and reported on the need for removal from office.

Ad vitam aut culpam was enacted by Section 29 of the Heritable Jurisdictions (Scotland) Act 1746,[77] however this was modified by the Sheriff Courts (Scotland) Act 1971 which allowed for the Lord President and Lord Justice Clerk to investigate the fitness for office of any sheriff principal or sheriff, and by Section 2 of the Judicial Pension Act 1959 which enforced compulsory retirement at the age of 75.

[79] Part-time and temporary judges, and Justices of the Peace, hold office for a period of 5 years, and may be reappointed provided they have not resigned, been dismissed, or reached the compulsory retirement age.

[82] The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service.

[17] The Lord President and the wider judiciary are advised on matters relating to the administration of justice by the Judicial Council for Scotland, which is a non-statutory body established in 2007.

[91] The Judicial Complaints Reviewer is a Scottish public ombudsman, established by section 30 of the Judiciary and Courts (Scotland) Act 2008.

[92] Her role is to review how complaints have been handled by the Judicial Office for Scotland, and to ensure that they have been dealt with in accordance with the rules.

[93] The current Judicial Complaints Reviewer, Ian Gordon, OBE, QPM, was appointed on 1 September 2017.

[95] How to address, either by writing or in person, a judge in Scotland depends on which office they hold, and if they are a Peer of the Realm or not.