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

Clerks

86 Clerk of the Sexual Offences Court

(1) The Scottish Courts and Tribunals Service must appoint a person who holds, or has previously held, a relevant office to hold office as Clerk of the Sexual Offences Court.

(2) A person's appointment as Clerk of the Sexual Offences Court does not affect the person's appointment to the relevant office.

(3) A person's appointment as Clerk of the Sexual Offences Court—

(a) lasts for such period, and

(b) is on such other terms and conditions,

as the Scottish Courts and Tribunals Service may determine.

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

(a) Accountant of Court,

(b) Principal Clerk of Session,

(c) other Clerk or officer of the Court of Session,

(d) Principal Clerk of Justiciary,

(e) Depute, Assistant or other Clerk in the Justiciary Office of the High Court of Justiciary,

(f) sheriff clerk,

(g) sheriff clerk depute.

87 Deputy Clerks of the Sexual Offences Court

(1) The Scottish Courts and Tribunals Service may appoint persons to be Deputy Clerks of the Sexual Offences Court.

(2) The number of Deputy Clerks is for the Scottish Courts and Tribunals Service to determine.

(3) A person's appointment as Deputy Clerk—

(a) lasts for such period, and

(b) is on such other terms and conditions,

as the Scottish Courts and Tribunals Service may determine.

(4) A person may hold office as a Deputy Clerk of the Sexual Offences Court at the same time as holding office as clerk, or deputy or assistant clerk, of another court.

88 Clerk and Deputy Clerks: further provisions

(1) A person may be appointed as Clerk of the Sexual Offences Court under section 86(1), or Deputy Clerk of the Sexual Offences Court under section 87(1), only if they have completed (whether before this section comes into force or otherwise) an approved course of training on trauma-informed practice in sexual offence cases.

(2) The Clerk and Deputy Clerks of the Sexual Offences Court are also members of staff of the Scottish Courts and Tribunals Service.

(3) Accordingly, a reference in any enactment to the staff of the Scottish Courts and Tribunals Service includes, except where the context requires otherwise, a reference to the Clerk and Deputy Clerks of the Sexual Offences Court.

(4) The Clerk of the Sexual Offences Court may, with the consent of the Scottish Courts and Tribunals Service, delegate the carrying out of any of the Clerk's functions to—

(a) a Deputy Clerk of the Sexual Offences Court, or

(b) any other member of staff of the Scottish Courts and Tribunals Service.

(5) Subsection (6) applies in relation to any period during which—

(a) the office of Clerk of the Sexual Offences Court is vacant, or

(b) the holder of that office is for any reason unable to carry out the functions of the office.

(6) The Scottish Courts and Tribunals Service may make arrangements for the functions of the Clerk of the Sexual Offences Court to be carried out during the period referred to in subsection (5) by—

(a) a Deputy Clerk of the Sexual Offences Court, or

(b) any other member of staff of the Scottish Courts and Tribunals Service.

(7) The Scottish Courts and Tribunals Service may give such instructions to the Clerk of the Sexual Offences Court, or a person carrying out the Clerk's functions under subsection (6), as it considers necessary for the purposes of this Act, and the Clerk or, as the case may be, such person must comply with any such instructions.

(8) 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 Clerk or Deputy Clerk of the Sexual Offences Court.