On 8 September 2024, the Scottish Episcopal Church (SEC) published the Press Notice Canon 54 process concludes after review by independent Procurator, reported in our post SEC not to pursue allegations against Bishop. For those of us less familiar with SEC Canons and the Clergy Disciplinary Tribunal Rules, this post includes some relevant links and extracts relating to the provisions of the Canon 54 process.

Code of Canons

The SEC Code of Canons provides the legal framework for the Scottish Episcopal Church. The Code is a living document and Canons can be edited, added or removed annually at the General Synod. The General Synod can also pass resolutions to provide for operation of the Canons and internal regulation. These resolutions are contained within the Digest of Resolutions.

• Code of Canons and Digest of Resolutions 2023 – Accompanying Note
• Code of Canons 2023
• Digest of Resolutions 2023
• Guidelines and Commentary on Canon 4
• Clergy Disciplinary Tribunal Rules

With regard to Discipline and Pastoral Breakdown, Canons 53 and 54, a revision of  Canon 54 “Of Accusations” was approved in 1998, which set up a preliminary committee to receive accusations, which, if considered valid, would proceed to a hearing before a new Clergy Discipline Tribunal. At that tribunal, the church would be represented by a Procurator, who was to be a practising solicitor or advocate.

The process under the new Canon 54, “Of Offences and Trials” was set alongside another new Canon, 53 “Of the Resolution of Situations of Pastoral Breakdown and Other Differences an Disputes”, which replaced the former Canon 55 “Of Differences and Disputes and of Appeals”. This was to deal with cases in which there was no question of an accusation but within which the situation within a congregation had reached a point at which normal pastoral ministrations were impossible. Mechanisms were provided for reconciliation of the various parties, failing which the relevant Bishop was to set up an enquiry, undertaken by a Provincial Advisory Board, and to take appropriate action to resolve the situation, based on the report of the Board [10.2].

Canons 53 and 54 stress the importance of the pastoral aspects of the processes of “offences and trials”. Part I of Canon 54 commences: “It is preferable that any complaints against clergy be dealt with pastorally by the Diocesan Bishop or by a fellow Bishop; but whereas it is recognised that pastoral resolution of a complaint or dispute may not be achieved, and that recourse should be had to rules for the good order of the Church and the discipline of the clergy, the following Canon provides therefore.”

Where there is a decision not to proceed to trial:

“[22] At any time after referral to the Procurator for trial and prior to the issue of a Notice of Trial in terms of Section 23 of this Canon, the Procurator may decide that no trial shall take place in relation to any accusation referred to the Procurator. The Procurator shall not so decide without first having given notice to the College of Bishops of intention so to do, and before making a decision shall take into consideration any view which the College of Bishops may express on the matter.

At any time after referral to the Procurator for trial and prior to the issue of a Notice of Trial in terms of Section 23 of this Canon, the College of Bishops may request the Procurator that an accusation should not proceed to trial, and the Procurator shall consider such request. In the event that the Procurator decides that an accusation shall not proceed to trial, the Procurator shall so inform the cleric accused, the P.P.C., the Clerk to the College of Bishops and the complainer in terms of Form D of Appendix No.24, or as nearly as may be.”

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