233.Section 76 makes provision about the offices of President and Vice President of the Sexual Offences Court. The Lord Justice General may choose to take on the role of President. If the Lord Justice General does not choose to do so, then he or she must appoint the Lord Justice Clerk or one of the Judges of the Sexual Offences Court to the role. Only Judges of the Sexual Offences Court who hold the office of Lord Commissioner of the Justiciary are eligible for appointment as President. Judges of the Sexual Offences Court who hold the office of temporary judge, sheriff principal, or sheriff, or who are appointed to sit as judges under section 20E of the Judiciary and Courts (Scotland) Act 2008, are not eligible.
234.The Lord Justice General must also, under subsection (3), appoint a person to the role of Vice President. This can be either the Lord Justice Clerk, if the Lord Justice Clerk has not been appointed as President, or one of the Judges of the Sexual Offences Court. There is no restriction on which of the Judges of the Sexual Offences Court might be appointed to the role of Vice President. However, the President and the Vice President must not be the same person.
235.Subsection (6) provides that both the President and the Vice President are appointed for a period specified by the Lord Justice General. Either of them may resign from the role by giving notice to the Lord Justice General. If the Lord Justice General resigns from the role of President, this is done by publishing notice to that effect. The Lord Justice General also has the power to remove the President or the Vice President from position at any time, under subsection (7). Subsection (8) provides that if the President or Vice President is suspended from their judicial office, then they will automatically be suspended from the role of President or Vice President. (This follows on from section 74, which provides that they are also suspended as a Judge of the Sexual Offences Court where they have been appointed under that section.)
236.Section 77 makes further provision for what happens in the event that the President, or both the President and the Vice President, are suspended from office or unable to perform their duties. Inability to perform their duties might arise as a result of illness, for example.
237.Subsection (2) provides that where the President is suspended or unable to perform the role, the Vice President must carry out their duties and is to be treated as though they were the President. Subsection (4) makes provision for situations where both the President and the Vice President are suspended or unable to perform the duties of the President. In this case, the Lord Justice General is given the power to act as President, if the Lord Justice General does not already hold the role. If the Lord Justice General is the President and is suspended or unable to perform the duties, or if the Lord Justice General is not the President but chooses not to perform the duties during a period of suspension or incapacity of the President, then the Lord Justice General must direct for the duties to be performed by either the Lord Justice Clerk (if the Lord Justice Clerk is not the person suspended or unable to perform the duties), or another Judge of the Sexual Offences Court.
Crown Application Part 7 – Sexual Offences Court President and Vice President of the Sexual Offences Court Sections 76 and 77 – President and Vice President of the Sexual Offences Court, and incapacity and suspension