Victims, Witnesses, and Justice Reform (Scotland) Act 2025

Chapter 1 Establishment, jurisdiction and Judges of the Sexual Offences Court

Establishment

69 Sexual Offences Court

(1) There is established a court of law to be known as the Sexual Offences Court.

(2) The Sexual Offences Court consists of—

(a) the Lord Justice General,

(b) the Lord Justice Clerk, and

(c) judges each to be known as a Judge of the Sexual Offences Court.

Jurisdiction and competence

70 Jurisdiction and competence: general

(1) The Sexual Offences Court has jurisdiction and competence to hear and determine cases to such extent as is provided by or under—

(a) this Act, or

(b) any other enactment.

(2) The Sexual Offences Court’s jurisdiction and competence is exercisable, at sittings of the Court, by one or more of—

(a) the Lord Justice General,

(b) the Lord Justice Clerk,

(c) a Judge of the Sexual Offences Court.

(3) The Sexual Offences Court has all such powers as are, under the law of Scotland, inherently possessed by a court of law for the purposes of the discharge of its jurisdiction and competence and giving full effect to its decisions.

(4) Subsection (3) is subject to any provision of this Act or any other enactment that restricts or excludes any power of the Sexual Offences Court in determining or disposing of a case.

71 Jurisdiction: sexual offences

(1) The Sexual Offences Court may try any sexual offence which is triable on indictment in any place in Scotland.

(2) Where an indictment includes at least one sexual offence when the indictment is served, the Sexual Offences Court may try every offence listed on the indictment.

(3) But an indictment in the Sexual Offences Court may not include the offence of—

(a) treason,

(b) breach of duty by magistrates.

(4) In this Part, “sexual offence” means—

(a) an offence listed for the time being in schedule 4,

(b) attempting or conspiring to commit an offence listed for the time being in schedule 4,

(c) aiding, abetting, counselling, procuring or inciting the commission of an offence listed for the time being in schedule 4.

(5) The Scottish Ministers may, by regulations, modify—

(a) the definition in subsection (4),

(b) the list in schedule 4.

Judges of the Sexual Offences Court

72 Judges of the Sexual Offences Court: Lord Commissioners of Justiciary and temporary judges

(1) Each person who—

(a) holds a relevant high judicial office, and

(b) has completed an approved course of training on trauma-informed practice in sexual offence cases,

also holds office as a Judge of the Sexual Offences Court.

(2) A person holding a relevant high judicial office ceases to hold office as a Judge of the Sexual Offences Court if they cease to hold the relevant judicial office.

(3) If a person holding a relevant high judicial office is suspended from that office for any period they are also suspended from office as a Judge of the Sexual Offences Court for the same period.

(4) In this section, “relevant high judicial office” means—

(a) Lord Commissioner of Justiciary,

(b) temporary judge.

(5) In this section and in section 74, “approved course of training” means a training course which is approved by the Lord Justice General for the purpose of appointment to the office of Judge of the Sexual Offences Court.

73 Judges of the Sexual Offences Court: re-employment of former judges

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

(2) In section 20E—

(a) in subsection (2), at the end, insert “or, provided the individual has completed an approved course of training on trauma-informed practice in sexual offence cases, as a judge of the Sexual Offences Court”,

(b) in subsection (4), for “or the High Court of Justiciary” substitute “, the High Court of Justiciary or the Sexual Offences Court”,

(c) after subsection (5), insert—

“(6) In this section, “approved course of training” means a training course which is approved by the Lord Justice General for the purpose of appointment to the office of Judge of the Sexual Offences Court.”.

74 Appointment of Judges of the Sexual Offences Court

(1) The Lord Justice General may appoint persons holding a relevant judicial office to hold office also as Judges of the Sexual Offences Court.

(2) The Lord Justice General may appoint a person to the office of Judge of the Sexual Offences Court under this section only if—

(a) the person has completed (whether before this section comes into force or otherwise) an approved course of training on trauma-informed practice in sexual offence cases, and

(b) the Lord Justice General considers the person has the skills and experience necessary to fulfil the office.

(3) Appointment as a Judge of the Sexual Offences Court under this section—

(a) is for a period of 5 years,

(b) does not affect a person’s appointment to the relevant judicial office and the person may continue to act in that capacity.

(4) A person holding office as a Judge of the Sexual Offences Court under this section ceases to hold that office if they cease to hold the relevant judicial office.

(5) If a person holding office as a Judge of the Sexual Offences Court under this section is suspended from the relevant judicial office they are also suspended from office as a Judge of the Sexual Offences Court.

(6) In this section, a “relevant judicial office” means—

(a) sheriff principal,

(b) sheriff.

75 Remuneration and expenses of Judges of the Sexual Offences Court

(1) The Scottish Courts and Tribunals Service (“the SCTS”) may pay to a person appointed under section 74 such remuneration and allowances as the Scottish Ministers may determine.

(2) The Scottish Ministers may determine different amounts of remuneration and different amounts of allowances for—

(a) different persons so appointed, or

(b) different descriptions of persons so appointed.

(3) The SCTS may pay to a person appointed under section 74 such sums as it may determine in respect of expenses reasonably incurred by the person in the performance of, or in connection with, the person’s duties.

(4) The SCTS may—

(a) determine the circumstances in which such sums may be paid, and

(b) determine different circumstances for different persons.