Chamber and committees

There is no written rule about this, but for reasons of common sense judges do not sit on appeals against their own decisions.

In civil procedure, this is avoided institutionally by the existence of the separate appellate judiciary of the Inner House of the Court of Session. It does remain possible for an appellate bench to include a member of the Outer House (or for an Inner House judge to sit in the Outer House) and the volume of work means that this is often the case. However, such a bench would not be composed so as to include the first instance decision maker. If that happened by accident, the judge has the responsibility of declining jurisdiction.

However, there are some situations which may appear as if they involve a judge sitting on an appeal against his own decision but are not. These include:

(a) a judge reviewing his or her own decision in circumstances where that is appropriate (e.g. correction of an earlier order not properly made; variation of an order; recall of an order made on an ex parte basis), and

(b) a judge sitting as part of an appeal bench which is considering a matter on which, in an another case, the judge has given a ruling on the law. There is nothing to prevent such a judge from ruling on the law in the appeal.

 In criminal procedure appeals from JPs, Sheriffs and other High Court judges are heard by quorum of Judges of the High court of Justiciary sitting as a court of appeal. There are generally two judges in sentence appeals and three judges in appeals against conviction. In appeals from a High Court case the trial judge will not be one of the two or three appeal judges. Appeals go through a sifting process but the original judge does not have a part in the sifting decision.

A single judge, who has heard certain limited applications in connection with an appeal may sit as a member of the court dealing with an appeal. That judge would not be the judge who made the original decision being appealed.

Bail decisions may be reviewed by the original JP, sheriff or judge when there is a change in circumstances. This does not however affect the right of appeal. Bail appeals are heard by the High Court of Justiciary and may be decided by one judge.

There are certain circumstances where parties require to seek leave to appeal from the original JP, sheriff or judge. Refusal is not always appealable if the decision is not the final decision in the case. This would not however affect the right to appeal the final decision.

Information on the number of violent crimes recorded by the police over the last ten years is given in tables 1 and 2 of the annual statistical bulletin series Recorded Crime in Scotland. The statistical bulletin Recorded Crime in Scotland, 2008-09 can be obtained at:

http://www.scotland.gov.uk/Publications/2009/09/28155153/0.

I refer the member to the answer to question S3W-31895 on 5 March 2010 All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The Literature Working Group was tasked with recommending a new approach to public sector support for literature, focussing particularly on writing and publishing. The independent group''s report was published on 12 February 2010. I have written to the Chief Executives of organisations mentioned in the report to garner their opinions on the recommendations that affect their organisations. The practicality and feasibility of all recommendations made in the report will be further investigated before I respond fully, on behalf of the Scottish Government, later this year. A copy of the Literature Working Group''s report is available at the Parliament''s reference centre (Bib. number 50373) and has also been published online at:

http://www.scotland.gov.uk/Publications/2010/02/17145942/0.

I refer the member to the answer to question S3W-31895 on 5 March 2010 All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I refer the member to the answer to question S3W-31895 on 5 March 2010 All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I have put on record to the Secretary of State for Health my concerns about the limited detail set out in the English Green Paper exploring the options for the future funding of social care and support. Any reforms to the benefits system by the UK Government will need to give due consideration to the needs and the provision of services to older and disabled people in Scotland.

The working group has spent the last 18 months considering the issues in its remit, all of which centred around the removal of nuclear weapons from Scottish soil. The group''s remit and its membership are listed in its report. The group met five times between April 2008 and April 2009. Minutes of each of these meetings have been placed on the working group section of the Scottish Government website. A final editing meeting took place on 22 June 2009.

The total cost of running the working group was £392.30. Group members were not paid expenses or reimbursed for their time.

The government is grateful to the group for the degree of scrutiny and rigour that it has brought to the issues and the report will inform ongoing work on the National Conversation.

The Scottish Government has today published both the working group''s report and the Scottish Government''s response. They are available on the Scottish Government website at www.scotland.gov.uk.

Copies have also been placed in the Scottish Parliament''s Information Centre (Bib. numbers 49688 and 49689).

I can confirm that the Scottish Government''s strategy on tackling sectarianism will be presented on 23 November 2009 at an event I will be hosting to mark the achievements of those organisations that have been working in this area. I will be inviting those MSPs who have noted their interest in this work to the event.

All 32 local authorities have associate assessors who work with HMIE.