What the Scottish legal system really thinks of you
Few would argue with Article 7 of the Universal Declaration of Human Rights – “All are equal before the law”.
Nice sentiment. Sadly, real life tells a different story.
Answer the following truthfully.
Q1: Which system has the most integrity?
- A justice system where court cases are open and transparent, all case records are held in an electronic database accessible to the public, and the judiciary are held to account for their actions.
- A justice system where courts refuse access to court records which are instead kept hidden from public scrutiny, judges are immune from prosecution and only 1-2% of complaints against the judiciary are ever taken forward.
Nobody ever says B!
Q2: Which of (A) or (B) best describes the Scottish justice system?
Nobody ever says A.
Did you know that, in Scotland, “judges are almost entirely immune from the risk of being sued or prosecuted for what they do in their capacity as a judge”? This means that a Scottish judge can potentially act with malice and spite if he takes a personal disliking to someone. He can breach his judicial oath without repercussion. A Scottish judge is the only person in the entire courtroom who can possibly lie and get away with it. (Are you drowning in an overwhelming sense of justice?)
It is no secret that those who create statutory legislation write those rules to suit themselves, and once you understand the fakery of the entire system along with its fictitious titles and false claims of authority, it will come as no surprise to hear that Scottish judges are expected to be addressed as “My Lord”. Not only is this an instant mockery of the UDHR Article 7, it is also a falsehood, because in reality a judge is “lord” of no-one. Like any claim of authority, a judge can only possibly be a “lord” within the constraints of a fictional construct. Outside of that concept (ie, in reality) he is simply another (albeit highly-educated) man just like any other: 100% “equal before the law”. Otherwise requires authority; authority requires hierarchy; hierarchy requires fiction.
Such highfalutin honorifics also make an mockery of a judge’s oath to the monarch, who in turn has sworn in his Coronation Oath to “maintain the Laws of God”. Ironic, then, that Job 32:21 warns: “Let me not, I pray you, accept any man’s person, neither let me give flattering titles unto man”. Does it get any more flattering than “My Lord”?
It is doubtful that any Sheriff would attempt to enforce usage of this magniloquent moniker, but in any case the Scottish Courts and Tribunals Service failed to evidence any obligation to address Sheriffs in that fashion when requested via FOISA, so it appears such archaic, obsequious preening is purely optional. Thank goodness.
However, the same FOISA did confirm that “it is a judicial decision solely for the presiding judge/sheriff on whether to accept a soul and conscience letter having regard to the circumstances of the case before them”. So, despite a defendant being excused by a doctor for legitimate health reasons, he can still be prosecuted for failure to attend court; a decision made against the judgment of a qualified medical professional, at the the whim of a man with zero medical training, who is immune from any sort of punishment no matter his actions, and who also expects to be addressed “My Lord”; a decision that would fly in the face of the official guidance on judicial ethics, point 6.2 of which states “A judge should try to ensure that no one in court is exposed to any display of bias or prejudice.”
Couple this with the fact that the state cannot evidence any lawful obligation to obey government legislation (heaven knows we’ve tried!) and the deception of deliberately withholding from the public their constitutional powers of annulment by jury, one could be forgiven for asking one final question.
Q3: In Scotland, is a courtroom (A) a place of justice; or (B) a court of contempt?
You decide.
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