253.Section 86 provides for the appointment of the Clerk of the Sexual Offences Court by the Scottish Courts and Tribunals Service (“SCTS”). The person appointed must already hold, or have held, one of the administrative offices listed in subsection (4), and subsection (2) provides that, if they currently hold one of those offices, they will continue to hold it in addition to the role of Clerk of the Sexual Offences Court. Subsection (3) gives SCTS the discretion to determine the duration of the appointment, and the terms and conditions which will apply.
254.Section 87 allows SCTS to appoint Deputy Clerks of the Sexual Offences Court. Subsection (2) provides that the number of Deputy Clerks is for SCTS to determine, which gives SCTS the discretion to appoint as many Deputy Clerks as they consider necessary to carry out court business. SCTS is also given the discretion to determine the duration of appointments, and the applicable terms and conditions. Subsection (4) provides that persons appointed to the role of Deputy Clerk of the Sexual Offences Court can hold the role of clerk in another court – which allows them to hold another role when appointed to the Sexual Offences Court or take up another role following appointment.
255.Section 88 sets out further detail around the role of the Clerk and Deputy Clerks of the Sexual Offences Court. Subsection (1) provides that before they can be appointed to either position, a person must complete training on trauma-informed practice in sexual offence cases, as approved by the Lord Justice General. Subsections (5) and (6) provide for periods when there is no one holding the role of Clerk, or the person holding the role is unable to carry out the role – for example if they are ill. SCTS is given the power to arrange for the role of the Clerk to be carried out by a Deputy Clerk, or by any other member of staff of SCTS.
Crown Application Part 7 – Sexual Offences Court Clerks Sections 86, 87, and 88 – Clerk and Deputy Clerks of the Sexual Offences Court