Question reference: S6W-14274
- Date lodged: 24 January 2023
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Current status: Answered by Elena Whitham on 1 February 2023
Question
To ask the Scottish Government what discussions it has had with the Scottish Courts and Tribunals Service in response to reports that the number of warrants for entry that have been granted has trebled since 2020.
Answer
Whether or not to grant a warrant for entry is a judicial decision.
Legislation places a duty on all government ministers; law officers; and members of the parliaments to uphold judicial independence, barring them from trying to exert influence over judicial decisions.
For the purpose of upholding that independence, there is a duty on the First Minister, the Lord Advocate and the Scottish Ministers not to seek to influence judicial decisions through any special access to the judiciary. "Special access" refers to any access which they may have which a member of the general public may not.
Additionally, if judicial training is considered necessary then this is entirely a matter for the Lord President as Head of the Judiciary.
For these reasons it would not be appropriate to meet with the Scottish Courts and Tribunals service to discuss the increase or otherwise of the number of warrants granted.