The lack of security of tenure was aggravated by the recent decision of the Lord Advocate, Lord Hardie, not to renew commissions of temporary sheriffs who had reached the age of 65 years although by statute, permanent sheriffs now appointed do not retire until the age of 70 years.

The judgment of the Appeal Court in Starrs and Chalmers v Ruxton which, at time of writing, has been briefly but swiftly reported in 1999 GWD 37-1793, concludes, that a temporary sheriff is not an “independent and impartial tribunal” within the meaning of Art.6 (1) of the European Convention on Human Rights.

The principle of security of tenure is one which has troubled the Temporary Sheriffs’ Association for some considerable time. Since 1993 the Council of the Association has regularly sought longer commissions for temporary sheriffs all to no avail.

Contrary to what was previously thought, convictions by temporary sheriffs are protected from challenge by the saving provisions of the Human Rights Act. This has now been decided by a powerful five-judge bench of the High Court of Justiciary in the cases of Dickson and McNaughton v HM Advocate HCJAC 65, 15 November 2007.