Scottish Court Service
Encyclopedia
The Scottish Court Service is the body which is responsible for the administration of the Court system
in Scotland
. The Service employs over 1000 staff members in Scotland's 49 Sheriff Court
s, the Court of Session
and the High Court of Justiciary
, Justice of the Peace Courts and at the Service's HQ in Edinburgh
.
as an executive agency, which became an agency of the Scottish Government after functions were transferred under devolution. In common with the Scottish Prison Service
in the Scottish justice system
, this arm's length approach was adopted to prevent direct ministerial involvement in the administration of justice.
On 1 April 2010 it was established by section 60 of the Judiciary and Courts (Scotland) Act 2008 as an independent body, governed by a Corporate Board and chaired by the Lord President
, the most senior judge in Scotland.
courts. The SCS has the function of providing, or ensuring the provision of, the property, services, officers and other staff required for the purposes of all these courts (by virtue of section 61(1) of the 2008 Act).
It has the responsibility of assisting the Scottish judiciary (by virtue of section 61(1)(b) of the 2008 Act), and assists the Lord President in his role as head of the Scottish judiciary (section 62 of the 2008 Act). This is coupled with assisting the Court of Session, Criminal Courts and Sheriff Courts Rules Councils.
The Service is also responsible for the administration of the Office of the Public Guardian, based in Falkirk, and assists the Accountant of Court
(sections 62 and 33 of the 2008 Act).
Another consequence of the Act was the introduction of Fines Enforcement Officers. With effect from 10 March 2008 these officers, staff of SCS, will bring a more proactive approach to fines enforcement. A total of 31 members of staff will have responsibility for making sure that fines are paid on time and if offenders fall into arrears with payment the those staff will use a variety of means to secure payment. Special measures that may be used will include deductions from state benefits; arrestment of wages and/or funds contained in bank accounts and seizure (and subsequent sale) of vehicles. In cases where it becomes apparent that the offender genuinely cannot pay they will be provided with contact details for other Agencies that will be able to provide guidance and help in organising the offender's finances.
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. The Service employs over 1000 staff members in Scotland's 49 Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
s, the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, Justice of the Peace Courts and at the Service's HQ in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
.
History
The Scottish Court Administration, later to be called the Scottish Court Service, was created in 1995 by the Scottish OfficeScottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...
as an executive agency, which became an agency of the Scottish Government after functions were transferred under devolution. In common with the Scottish Prison Service
Scottish Prison Service
The Scottish Prison Service is an executive agency of the Scottish Government tasked with managing prisons in Scotland...
in the Scottish justice system
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
, this arm's length approach was adopted to prevent direct ministerial involvement in the administration of justice.
On 1 April 2010 it was established by section 60 of the Judiciary and Courts (Scotland) Act 2008 as an independent body, governed by a Corporate Board and chaired by the Lord President
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
, the most senior judge in Scotland.
Functions
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 has resulted in the unification of the Court of Session, the High Court of Justiciary, Sheriff and Justice of the PeaceJustice of the Peace Court
A Justice of the Peace Court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.-History:...
courts. The SCS has the function of providing, or ensuring the provision of, the property, services, officers and other staff required for the purposes of all these courts (by virtue of section 61(1) of the 2008 Act).
It has the responsibility of assisting the Scottish judiciary (by virtue of section 61(1)(b) of the 2008 Act), and assists the Lord President in his role as head of the Scottish judiciary (section 62 of the 2008 Act). This is coupled with assisting the Court of Session, Criminal Courts and Sheriff Courts Rules Councils.
The Service is also responsible for the administration of the Office of the Public Guardian, based in Falkirk, and assists the Accountant of Court
Office of the Accountant of Court
The Office of the Accountant of Court is a constituent body of the Supreme Courts of Scotland.Based in Edinburgh, the office of Accountant of Court, also known as the Accountant of the Court of Session , was established by the Judicial Factors Act 1849, and their role was further defined by the...
(sections 62 and 33 of the 2008 Act).
Another consequence of the Act was the introduction of Fines Enforcement Officers. With effect from 10 March 2008 these officers, staff of SCS, will bring a more proactive approach to fines enforcement. A total of 31 members of staff will have responsibility for making sure that fines are paid on time and if offenders fall into arrears with payment the those staff will use a variety of means to secure payment. Special measures that may be used will include deductions from state benefits; arrestment of wages and/or funds contained in bank accounts and seizure (and subsequent sale) of vehicles. In cases where it becomes apparent that the offender genuinely cannot pay they will be provided with contact details for other Agencies that will be able to provide guidance and help in organising the offender's finances.
Leadership and administration
The new Scottish Court Service Board was appointed by the Lord President on 18 December 2009 and comprises a majority of judicial officeholders and legal practitioners, by virtue of Schedule 3 of the 2008 Act. The Board formally took up responsibility on 1 April 2010 and is responsible for developing the strategic direction and operational efficiency of the Service.See also
- Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
- High Court of JusticiaryHigh Court of JusticiaryThe High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
- Court of SessionCourt of SessionThe Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
- Sheriff CourtSheriff CourtSheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
- Her Majesty's Courts ServiceHer Majesty's Courts ServiceHer Majesty's Courts Service is an executive agency of the Ministry of Justice and is responsible for the administration of the civil, family and criminal courts in England and Wales....
(for England and WalesEngland and WalesEngland and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
) - Northern Ireland Courts and Tribunals Service