Legal Knowledge, Skills and Competence

Knowledge of the Law

• A high level of expertise in the applicant’s area of practice
• Good working knowledge of at least one other area of substantive law commonly encountered in the Sheriff Court or evidence of motivation and ability to acquire sufficient knowledge
• Good working knowledge of the law of evidence
• Knowledge of the principles of natural justice and Sheriff Court practice and procedure, including the conduct of jury trials

Skills and Competence in the Interpretation and Application of the Law

• Ability to analyse complex legal problems and apply the law correctly
• Ability to analyse and interpret case law and statute
• Ability to apply the law in unfamiliar areas

 Personal and Judicial Qualities 

Managing Work Effectively

• Manages cases and time effectively
• Is diligent and hard-working
• Is confident in managing the court/hearing process
• Is able to deliver work at speed and under pressure

Communicating Effectively

• Establishes authority and inspires respect and confidence
• Modifies communication style to meet the needs of different court users
• Listens with patience and respect
• Produces written work that is clear, concise and well-reasoned

Exercising Judgement

• Remains impartial and open minded and is seen to be fair to all
• Is able to analyse and assess complex evidence and arguments
• Is able to reason clearly
• Is confident in judging and making independent decisions in the face of challenge

Working With Others

• Understands people and society
• Allows people to give of their best
• Is even-tempered and consistent
• Treats people with respect and sensitivity

Mind-set

• Shows an understanding of and commitment to the role and to public service
• Is self-aware and uses feedback and self-reflection to develop

Legal Knowledge, Skills and Competence

A Sheriff Principal candidate will have a high level of legal knowledge, experience and standing in the area(s) of law in which they specialise. In particular, they will have very strong skills in the analysis and interpretation of the law, which will be necessary for considering and deciding cases in the Sheriff Appeal Court. They require:

 ·       High level of knowledge of the substantive law in the area(s) of the applicant’s
practice or specialism

·       High level of skill and competence:

o   in the interpretation and analysis of case law and statute law in either or both civil and criminal law and practice

o   in identifying, distinguishing and analysing complex issues of fact and law

·       Ability to interpret and apply the law in unfamiliar areas

Personal and Judicial Qualities

In addition to their legal expertise, Sheriffs Principal are expected to have excellent personal and judicial qualities. These include being able to demonstrate sound leadership and management skills, or the ability to acquire such skills in office to ensure the efficient operation of the courts within the sheriffdom.

Criterion 2: Leadership and Strategic Thinking

·       Ability to lead a team effectively, inspiring confidence and respect

·       Ability to think strategically to see the wider picture 

·       Ability to identify the need for and manage change to facilitate the effective and efficient administration of justice

Criterion 3: Working With Others 

·       Ability to work collegiately

·       Ability to support and promote the professional and personal development of judicial colleagues in the sheriffdom

·       Ability to identify, build and sustain effective relationships within and beyond the sheriffdom

Criterion 4: Managing Work Effectively and Efficiently

·       Ability to manage the work and resources of a sheriffdom effectively and efficiently

·       Ability to manage own time and cases effectively and efficiently 

·       Ability to deliver work at speed and under pressure

Criterion 5: Exercising Judgement

·       Ability to be open-minded and fair to all, exercising discretion appropriately

·       Ability to analyse and assess complex evidence and arguments, reason clearly and reach clear conclusions 

·       Ability to make sound judicial and other decisions with confidence and including in the face of challenge

Criterion 6: Communicating Effectively

·       Ability to communicate clearly and effectively with a wide range of others

·       Ability to listen with patience and respect

·       Ability to produce written work including decisions in complex cases that is clear, concise, well-reasoned and timeous

Criterion 7: Personal Qualities

·       Ability to set, model and promote the highest standards of judicial conduct

·       Ability to maintain personal resilience, while managing a varied and demanding workload 

Legal Knowledge, Skills and Competence

Knowledge of the Law

• A high level of academic and legal learning
• A high level of expertise in the applicant's area of practice
• In-depth knowledge of at least some of the areas of substantive law most commonly encountered in the Supreme Courts of Scotland
• Thorough knowledge of the law of evidence
• Thorough knowledge of practice and procedure in the Supreme Courts of Scotland

Interpretation and Application of the Law

• Exceptional ability to analyse complex legal problems
• Excellent skills in the interpretation and analysis of case and statute law
• Ability to apply the law in unfamiliar areas

Personal and Judicial Qualities

Managing Work Effectively

• Manages cases and time effectively
• Is diligent and hard-working
• Is confident in managing the court/hearing process
• Is able to deliver work at speed and under pressure

Communicating Effectively

• Establishes authority and inspires respect and confidence
• Modifies communication style to meet the needs of different court users
• Listens with patience and respect
• Produces written work that is clear, concise and well-reasoned, legally sound and timely

Exercising Judgement

• Remains impartial and open minded and is seen to be fair to all
• Is able to analyse and assess complex evidence and arguments
• Is able to reason in a clear and rational way
• Is confident in judging and making decisions

Working With Others

• Understands people and society
• Allows people to give their best
• Is even-tempered and consistent
• Treats people with respect and sensitivity

Mind-set

• Shows an understanding of and commitment to the role and to public service
• Uses feedback and self-reflection to develop
• Acts with humility and common sense
• Commitment to fair and impartial administration of justice