Part 2Trauma-informed practice

Duty to have regard to principle of trauma-informed practice

30Scheduling of business in Scottish courts

(1)

The Judiciary and Courts (Scotland) Act 2008 is amended as follows.

(2)

In section 2 (head of the Scottish Judiciary)—

(a)

after subsection (2) insert—

“(2ZA)

In carrying out the responsibility mentioned in subsection (2)(a), the Lord President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”,

(b)

after subsection (6) insert—

“(6A)

For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”.

31Scheduling of business in sheriff courts and the Sheriff Appeal Court

(1)

The Courts Reform (Scotland) Act 2014 is amended as follows.

(2)

In section 27 (sheriff principal’s responsibility for efficient disposal of business in sheriff courts), after subsection (3) insert—

“(3A)

In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”.

(3)

In section 29 (Lord President’s power to exercise functions under sections 27 and 28), in subsection (1), after paragraph (a) insert—

“(aa)

is prejudicial to the carrying out of the responsibility imposed by section 27(1) in a way that accords with trauma-informed practice,”.

(4)

In section 56 (President’s responsibility for efficient disposal of business), after subsection (3) insert—

“(3A)

In carrying out the responsibility imposed by subsection (1), the President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”.

32Scheduling of business in justice of the peace courts

(1)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.

(2)

In section 61 (efficient disposal of business in justice of the peace courts)—

(a)

after subsection (1) insert—

“(1A)

In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”,

(b)

after subsection (4) insert—

“(5)

For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”.