228.Section 74 deals with the appointment of sheriffs and sheriffs principal to office as Judges of the Sexual Offences Court. Appointment is by the Lord Justice General.
229.Subsection (2) sets out the requirements for appointment. These are that the person has completed training approved by the Lord Justice General around trauma-informed practice, which is defined in section 114 of the Act, and that the Lord Justice General is satisfied that the person has the necessary skills and experience for the role.
230.Under subsection (3), appointment as a Judge of the Sexual Offences Court is for 5 years. A person appointed as Judge of the Sexual Offences Court will continue to hold their existing judicial position in addition to their role in the Sexual Offences Court, meaning that they can hear cases in other courts during their appointment to the Sexual Offences Court.
231.Subsection (4) provides for what happens if a Judge of the Sexual Offences Court appointed under section 74 ceases to hold their existing position as a sheriff principal or sheriff. In that situation, they will automatically cease to hold their position as Judge of the Sexual Offences Court as well. Similarly, under subsection (5), if suspended from their existing position they will automatically be suspected as a Judge of the Sexual Offences Court in addition.
Crown Application Part 7 – Sexual Offences Court Judges of the Sexual Offences Court Section 74 – appointment of Judges of the Sexual Offences Court