Section 128– Abolition of the office of stipendiary magistrate
255.Section 128 provides that the office of stipendiary magistrate is abolished. Existing stipendiary magistrates (who will have sat in a summary criminal proceedings only capacity) are to be appointed as summary sheriffs and part-time stipendiary magistrates are to be appointed as part-time summary sheriffs, unless they decline appointment. Section 74(5) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 provides that a person is not to be appointed as a stipendiary magistrate unless the person is, and has been for at least five years, a solicitor or advocate. It is, therefore, possible that a person appointed as a stipendiary magistrate may not be qualified for appointment as a summary sheriff, as section 14 of the Act requires ten years legal qualification. Subsections (4) and (7) ensure that they may still be appointed as a summary sheriff.
