Scotland’s top judge has decided that his colleagues and lawyers should no longer wear wigs and robes in court.
Lord Carloway is believed to have issued the memo in a bid to modernise the image of the judiciary and the court system.
A legal source said the move was a “needless change”, adding: “The advocates won’t be happy as they all enjoy strutting about with a wig.”
Judges and lawyers who appear in the Outer House of the Court of Session - the country’s top civil court - currently wear the distinctive apparel.
However, the requirement was scrapped in 2004 for the Inner House, which is largely an appeals court, and has now been extended.
Carloway, who as Lord President is head of the judiciary, informed colleagues of the decision last week.
The new rule will not apply in hearings involving evidence from witnesses and will have no relevance to the criminal courts.
Carloway’s memo stated: “Judges sitting in the Outer House will, ordinarily, no longer wear wigs and judicial robes, except when presiding over a hearing which involves the testimony of witnesses.”
He added it would be “expected” that counsel would no longer wear the flamboyant clothing, which is believed to have been used for hundreds of years. The change came into force on December 1st.
In 2002, the Faculty of Advocates (FoA) opted to keep wigs after a QC appeared in a civil court bareheaded.
At the time Colin McEachran, QC, described wig wearing as old-fashioned, but 80% of respondents in the FoA consultation backed the status quo.
Top QC Brian McConnachie said: “I can understand why a decision has been made to take this action in cases of this nature. Hopefully it will not be extended in due course to criminal cases whether involving witnesses or not.
"I am of the view that the solemnity of such proceedings is added to by the court attire and can have a positive impact on witnesses and juries.”
Gordon Jackson, QC, Dean of the Faculty of Advocates, said: “Earlier this year, the Faculty decided that in civil cases counsel did not require to wear court dress if the judge or sheriff was not robed, and did not direct counsel to wear wig and gown. Advocates can still opt, however, to wear court dress if preferred.”
