Exempted Occupations and Offices
Some occupations of a candidate, or their spouse or partner or other close relative, may give cause for concern in relation to the perceived impartiality of the bench. Relevant factors include the nature of the work, the area in which it is performed, any attendance at the court to which they may be appointed, and the frequency of any contact with persons who are likely to appear before the bench.
The list below sets out some categories of people whom Scottish Ministers may find it difficult to appoint as Justices of the Peace, unless there are good reasons to the contrary.
- Serving police officers
- People who work in the courts
- Other people who regularly appear before the courts, such as members of the prosecution service or of the local authority’s social work department
Current holders of the following offices are excluded by statute from serving as a Justice of the Peace:
- member of a local authority
- member of the Scottish Parliament
- member of the House of Commons
- member of the House of Lords
Other statutory provisions include disqualification of those who have been the subject of sequestration or bankruptcy proceedings.