77.Under section 27 of the Courts Reform (Scotland) Act 2014, the sheriff principal of each sheriffdom has the responsibility of ensuring the efficient disposal of business in the sheriff courts of the sheriffdom. Section 31(2) amends section 27 of the Courts Reform (Scotland) Act 2014 so that, in carrying out that responsibility, the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.
78.Section 31(3) also amends section 29 of the Courts Reform (Scotland) Act 2014, under which the Lord President may, in certain circumstances, step in and exercise the functions of a sheriff principal under sections 27 and 28 of that Act. The effect of the amendment is to add a new reason which entitles the Lord President to step in. That new reason is that the Lord President considers that the way the sheriff principal is exercising or has exercised the function is prejudicial to the carrying out by the sheriff principal of the responsibility under section 27(1) of the Courts Reform (Scotland) Act 2014 (as amended by section 31(2) of this Act) in a way that accords with trauma-informed practice.
79.Section 56 of the Courts Reform (Scotland) Act 2014 makes similar provision for the Sheriff Appeal Court to that made for the sheriff courts under section 27 of that Act, so that the President of the Sheriff Appeal Court has the responsibility of ensuring the efficient disposal of business in that court. Section 31(4) amends section 56 of the Courts Reform (Scotland) Act 2014 so that, in carrying out that responsibility, the President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.
Crown Application Duty to have regard to principle of trauma-informed practice Section 31 – scheduling of business in sheriff courts and the Sheriff Appeal Court