Sheriff Court
Encyclopedia
Sheriff courts provide the local court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

 service 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...

, with each court serving a sheriff court district within a sheriffdom
Sheriffdom
A sheriffdom is a judicial district in Scotland.Since 1 January 1975 there have been six sheriffdoms. Previously sheriffdoms were composed of groupings of counties...

.

Sheriff courts deal with a myriad of legal procedures which include:
  • Solemn
    Indictable offence
    In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...

     and Summary
    Summary offence
    A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...

     Criminal
    Criminal law
    Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

     cases
  • Large and Small estate
    Estate (law)
    An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...

    s upon a death
  • Fine payments
  • Civil
    Private law
    Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...

     actions under Ordinary, Summary Cause and Small Claim Procedures
  • Adoption
    Adoption
    Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...

     Cases
  • Bankruptcy
    Bankruptcy
    Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....

     Actions

History

The office of sheriff dates from the early days of the Scottish monarchy. Generally, one of the more powerful local lords in each county was appointed and the office became hereditary in his family. The original purpose of the sheriff was to exercise and preserve the King's authority against the rival powers of the local lords and the sheriff became the local representative of the King in all matters, judicial and administrative. The sheriff dispensed the King's justice in his county in the Sheriff Court. The hereditary sheriff later delegated his judicial functions to a trained lawyer called a sheriff-depute. The Heritable Jurisdictions Act of 1747 abolished the office of hereditary sheriff and the sheriff-depute soon became sheriff.

At first, only the sheriff of the Lothians and Peebles (who sat at Edinburgh) and the sheriff of Lanarkshire (who sat at Glasgow) were full-time appointments. Since the part-time sheriff-depute was not compelled to reside within his sheriffdom and could carry on his practice were as advocate, it became common for a depute to appoint a sheriff-substitute who acted in his absence. Over time, the judicial duties of the depute were entirely assumed by the substitute and the depute became a judge of appeal from the decisions of his substitute.

The Sheriff Court (Scotland) Act 1870 combined the thirty counties of Scotland into fifteen sheriffdoms. Until 1877, the sheriffs-substitutes were appointed by the sheriffs-deputes; after 1877, that right was reserved to the Crown.

The civil procedure before the Sheriff Court underwent a "major overhaul" with the enactment of the Sheriff Courts (Scotland) Act 1907.

Functions and operation

The legal cases which are heard within the Courts are dealt with by a Sheriff. A Sheriff is a Judge who is usually assigned to work in a specific Court although some work as 'floating Sheriffs' who may work anywhere in Scotland. There are about a hundred and forty full-time Sheriffs in the various Courts and a number of part-time Sheriffs. They are appointed on the recommendation of the Judicial Appointments Board for Scotland
Judicial Appointments Board for Scotland
The Judicial Appointments Board for Scotland is public body responsible for making recommendations on appointments to judicial offices in Scotland...

. Until recently there were also 'temporary sheriffs' who were appointed by the executive year by year and only sat for particular days by invitation; this class of sheriff was abolished as being inconsistent with judicial independence following the decision of 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...

 in Starrs v Ruxton.

Staffing

The Courts are staffed by civil servants who are employed by the Scottish Court Service
Scottish Court Service
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 Courts, the Court of Session and the High Court of Justiciary, Justice of the Peace Courts and at the Service's HQ...

 which is a public body, independent of the Scottish Government. The Scottish Court Service publishes an online map, lists of Sheriffs, and the rules of the court under different procedures.

Organisation

There are six Sheriffdom
Sheriffdom
A sheriffdom is a judicial district in Scotland.Since 1 January 1975 there have been six sheriffdoms. Previously sheriffdoms were composed of groupings of counties...

s in Scotland, each with a Sheriff Principal
Sheriff Principal
The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century...

. Within each sheriffdom are sheriff court districts, each with a court presided over by one or more sheriffs. The most senior civil servant in each Court is the sheriff clerk and he or she is charged directly with the management of the Court. The Sheriffdoms are Glasgow and Strathkelvin, Grampian, Highland and Islands
Grampian
Grampian was a local government region of Scotland from 1975 to 1996. It is now divided into the unitary council areas of:*Moray*Aberdeenshire*City of AberdeenThe region had five districts:*Aberdeen*Banff and Buchan...

, Lothian and Borders
Lothian
Lothian forms a traditional region of Scotland, lying between the southern shore of the Firth of Forth and the Lammermuir Hills....

, North Strathclyde
Strathclyde
right|thumb|the former Strathclyde regionStrathclyde was one of nine former local government regions of Scotland created by the Local Government Act 1973 and abolished in 1996 by the Local Government etc Act 1994...

, South Strathclyde, Dumfries and Galloway
Dumfries and Galloway
Dumfries and Galloway is one of 32 unitary council areas of Scotland. It was one of the nine administrative 'regions' of mainland Scotland created in 1975 by the Local Government etc. Act 1973...

, and Tayside Central and Fife
Fife
Fife is a council area and former county of Scotland. It is situated between the Firth of Tay and the Firth of Forth, with inland boundaries to Perth and Kinross and Clackmannanshire...

.
There are currently 49 Sheriff Courts in Scotland. Some, in rural areas of Scotland, are small due to the sparse population. Courts such as those in the cities of Edinburgh and Glasgow have a large number of staff and can in one day deal with hundreds of cases. Glasgow Sheriff Court, for example, is the busiest Court in Europe.
Sheriffdom District
Glasgow and Strathkelvin Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...

 and Strathkelvin
Strathkelvin
Strathkelvin is the strath of the River Kelvin in west central Scotland, close to the city of Glasgow. The name Strathkelvin was formerly used for one of nineteen local government districts in the Strathclyde region of Scotland.-District :The district of Strathkelvin was formed by the Local...

Grampian, Highlands and Islands
Grampian
Grampian was a local government region of Scotland from 1975 to 1996. It is now divided into the unitary council areas of:*Moray*Aberdeenshire*City of AberdeenThe region had five districts:*Aberdeen*Banff and Buchan...

 
Aberdeen
Aberdeen
Aberdeen is Scotland's third most populous city, one of Scotland's 32 local government council areas and the United Kingdom's 25th most populous city, with an official population estimate of ....

Banff
Dingwall
Dingwall
Dingwall is a town and former royal burgh in the Highland council area of Scotland. It has a population of 5,026. It was formerly an east-coast harbor but now lies inland. Dingwall Castle was once the biggest castle north of Stirling. On the town's present-day outskirts lies Tulloch Castle, parts...

Dornoch
Dornoch
Dornoch is a town and seaside resort, and former Royal burgh in the Highlands of Scotland. It lies on the north shore of the Dornoch Firth, near to where it opens into the Moray Firth to the east...

Elgin
Elgin, Moray
Elgin is a former cathedral city and Royal Burgh in Moray, Scotland. It is the administrative and commercial centre for Moray. The town originated to the south of the River Lossie on the higher ground above the flood plain. Elgin is first documented in the Cartulary of Moray in 1190...

Fort William
Inverness
Inverness
Inverness is a city in the Scottish Highlands. It is the administrative centre for the Highland council area, and is regarded as the capital of the Highlands of Scotland...

Kirkwall
Kirkwall
Kirkwall is the biggest town and capital of Orkney, off the coast of northern mainland Scotland. The town is first mentioned in Orkneyinga saga in the year 1046 when it is recorded as the residence of Rögnvald Brusason the Earl of Orkney, who was killed by his uncle Thorfinn the Mighty...

Lerwick
Lerwick
Lerwick is the capital and main port of the Shetland Islands, Scotland, located more than 100 miles off the north coast of mainland Scotland on the east coast of the Shetland Mainland...

Lochmaddy
Lochmaddy
Lochmaddy is the administrative centre of North Uist in the Outer Hebrides, Scotland...

Peterhead
Peterhead
Peterhead is a town in Aberdeenshire, Scotland. It is Aberdeenshire's biggest settlement , with a population of 17,947 at the 2001 Census and estimated to have fallen to 17,330 by 2006....

Portree
Portree
Portree is the largest town on Skye in the Inner Hebrides of Scotland. It is the location for the only secondary school on the Island, Portree High school. Public transport services are limited to buses....

Stonehaven
Stonehaven
Stonehaven is a town in Aberdeenshire, Scotland. It lies on Scotland's northeast coast and had a population of 9,577 in 2001 census.Stonehaven, county town of Kincardineshire, grew around an Iron Age fishing village, now the "Auld Toon" , and expanded inland from the seaside...

Stornoway
Tain
Tain
Tain is a royal burgh and post town in the committee area of Ross and Cromarty, in the Highland area of Scotland.-Etymology:...

Wick
Wick, Highland
Wick is an estuary town and a royal burgh in the north of the Highland council area of Scotland. Historically, it is one of two burghs within the county of Caithness, of which Wick was the county town. The town straddles the River Wick and extends along both sides of Wick Bay...

Lothian and Borders
Lothian and Borders
Lothian and Borders is an area in south-east Scotland consisting of the East Lothian, City of Edinburgh, Midlothian, West Lothian areas along with the Scottish Borders....

 
Duns
Duns
Duns is the county town of the historic county of Berwickshire, within the Scottish Borders.-Early history:Duns law, the original site of the town of Duns, has the remains of an Iron Age hillfort at its summit...

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...

Haddington
Haddington, East Lothian
The Royal Burgh of Haddington is a town in East Lothian, Scotland. It is the main administrative, cultural and geographical centre for East Lothian, which was known officially as Haddingtonshire before 1921. It lies about east of Edinburgh. The name Haddington is Anglo-Saxon, dating from the 6th...

Jedburgh
Jedburgh
Jedburgh is a town and former royal burgh in the Scottish Borders and historically in Roxburghshire.-Location:Jedburgh lies on the Jed Water, a tributary of the River Teviot, it is only ten miles from the border with England and is dominated by the substantial ruins of Jedburgh Abbey...

Livingston
Livingston, Scotland
Livingston is a town in West Lothian, Scotland. It is the fourth post-WWII new town to be built in Scotland, designated in 1962. It is about 15 miles west of Edinburgh and 30 miles east of Glasgow, and is bordered by the towns of Broxburn to the northeast and Bathgate to the northwest.Livingston...

Peebles
Peebles
Peebles is a burgh in the committee area of Tweeddale, in the Scottish Borders, lying on the River Tweed. According to the 2001 Census, the population was 8,159.-History:...

Selkirk
North Strathclyde
Strathclyde
right|thumb|the former Strathclyde regionStrathclyde was one of nine former local government regions of Scotland created by the Local Government Act 1973 and abolished in 1996 by the Local Government etc Act 1994...

 
Campbeltown
Campbeltown
Campbeltown is a town and former royal burgh in Argyll and Bute, Scotland. It lies by Campbeltown Loch on the Kintyre peninsula. Originally known as Kinlochkilkerran , it was renamed in the 17th century as Campbell's Town after Archibald Campbell was granted the site in 1667...

Dumbarton
Dunoon
Dunoon
Dunoon is a resort town situated on the Cowal Peninsula in Argyll, Scotland. It sits on the Firth of Clyde to the south of Holy Loch and to the west of Gourock.-Waterfront:...

Greenock
Greenock
Greenock is a town and administrative centre in the Inverclyde council area in United Kingdom, and a former burgh within the historic county of Renfrewshire, located in the west central Lowlands of Scotland...

Kilmarnock
Kilmarnock
Kilmarnock is a large burgh in East Ayrshire, Scotland, with a population of 44,734. It is the second largest town in Ayrshire. The River Irvine runs through its eastern section, and the Kilmarnock Water passes through it, giving rise to the name 'Bank Street'...

Oban
Oban
Oban Oban Oban ( is a resort town within the Argyll and Bute council area of Scotland. It has a total resident population of 8,120. Despite its small size, it is the largest town between Helensburgh and Fort William and during the tourist season the town can be crowded by up to 25,000 people. Oban...

Paisley
Paisley
Paisley is the largest town in the historic county of Renfrewshire in the west central Lowlands of Scotland and serves as the administrative centre for the Renfrewshire council area...

Rothesay
Rothesay, Argyll and Bute
The town of Rothesay is the principal town on the Isle of Bute, in the council area of Argyll and Bute, Scotland. It can be reached by ferry from Wemyss Bay which offers an onward rail link to Glasgow. At the centre of the town is Rothesay Castle, a ruined castle which dates back to the 13th...

South Strathclyde, Dumfries and Galloway
Dumfries and Galloway
Dumfries and Galloway is one of 32 unitary council areas of Scotland. It was one of the nine administrative 'regions' of mainland Scotland created in 1975 by the Local Government etc. Act 1973...

 
Airdrie
Airdrie, North Lanarkshire
Airdrie is a town within North Lanarkshire, Scotland. It lies on a plateau roughly 400 ft above sea level, and is approximately 12 miles east of Glasgow city centre. Airdrie forms part of a conurbation with its neighbour Coatbridge, in the former district known as the Monklands. As of 2006,...

Ayr
Ayr
Ayr is a town and port situated on the Firth of Clyde in south-west Scotland. With a population of around 46,000, Ayr is the largest settlement in Ayrshire, of which it is the county town, and has held royal burgh status since 1205...

Dumfries
Dumfries
Dumfries is a market town and former royal burgh within the Dumfries and Galloway council area of Scotland. It is near the mouth of the River Nith into the Solway Firth. Dumfries was the county town of the former county of Dumfriesshire. Dumfries is nicknamed Queen of the South...

Hamilton
Hamilton, South Lanarkshire
Hamilton is a town in South Lanarkshire, in the west-central Lowlands of Scotland. It serves as the main administrative centre of the South Lanarkshire council area. It is the fifth-biggest town in Scotland after Paisley, East Kilbride, Livingston and Cumbernauld...

Kirkcudbright
Kirkcudbright
Kirkcudbright, is a town in Dumfries and Galloway, Scotland.The town lies south of Castle Douglas and Dalbeattie, in the part of Dumfries and Galloway known as the Stewartry, at the mouth of the River Dee, some six miles from the sea...

Lanark
Lanark
Lanark is a small town in the central belt of Scotland. Its population of 8,253 makes it the 100th largest settlement in Scotland. The name is believed to come from the Cumbric Lanerc meaning "clear space, glade"....

Stranraer
Stranraer
Stranraer is a town in the southwest of Scotland. It lies in the west of Dumfries and Galloway and in the county of Wigtownshire.Stranraer lies on the shores of Loch Ryan on the northern side of the isthmus joining the Rhins of Galloway to the mainland...

Tayside Central and Fife
Fife
Fife is a council area and former county of Scotland. It is situated between the Firth of Tay and the Firth of Forth, with inland boundaries to Perth and Kinross and Clackmannanshire...

 
Alloa
Alloa
Alloa is a town and former burgh in Clackmannanshire, set in the Central Lowlands of Scotland. It lies on on the north bank of the Firth of Forth close to the foot of the Ochil Hills, east of Stirling and north of Falkirk....

Arbroath
Arbroath
Arbroath or Aberbrothock is a former royal burgh and the largest town in the council area of Angus in Scotland, and has a population of 22,785...

Cupar
Cupar
Cupar is a town and former royal burgh in Fife, Scotland. The town is situated between Dundee and the New Town of Glenrothes.According to a recent population estimate , Cupar had a population around 8,980 making the town the ninth largest settlement in Fife.-History:The town is believed to have...

Dundee
Dundee
Dundee is the fourth-largest city in Scotland and the 39th most populous settlement in the United Kingdom. It lies within the eastern central Lowlands on the north bank of the Firth of Tay, which feeds into the North Sea...

Dunfermline
Dunfermline
Dunfermline is a town and former Royal Burgh in Fife, Scotland, on high ground from the northern shore of the Firth of Forth. According to a 2008 estimate, Dunfermline has a population of 46,430, making it the second-biggest settlement in Fife. Part of the town's name comes from the Gaelic word...

Falkirk
Falkirk
Falkirk is a town in the Central Lowlands of Scotland. It lies in the Forth Valley, almost midway between the two most populous cities of Scotland; north-west of Edinburgh and north-east of Glasgow....

Forfar
Forfar
Forfar is a parish, town and former royal burgh of approximately 13,500 people in Angus, located in the East Central Lowlands of Scotland. Forfar is the county town of Angus, which was officially known as Forfarshire from the 18th century until 1929, when the ancient name was reinstated, and...

Kirkcaldy
Kirkcaldy
Kirkcaldy is a town and former royal burgh in Fife, on the east coast of Scotland. The town lies on a shallow bay on the northern shore of the Firth of Forth; SSE of Glenrothes, ENE of Dunfermline, WSW of Dundee and NNE of Edinburgh...

Perth
Perth, Scotland
Perth is a town and former city and royal burgh in central Scotland. Located on the banks of the River Tay, it is the administrative centre of Perth and Kinross council area and the historic county town of Perthshire...

Stirling
Stirling
Stirling is a city and former ancient burgh in Scotland, and is at the heart of the wider Stirling council area. The city is clustered around a large fortress and medieval old-town beside the River Forth...


Relationship to other courts

Sheriff Courts are above local District Courts
District Courts of Scotland
A District Court was the least authoritative type of criminal court in Scotland. The court operated under summary procedure and dealt primarily with minor criminal offences...

 who deal with very minor offences and below the Supreme Courts. 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...

 deals with serious criminal matters, such as Murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

, and 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....

 is Scotland's supreme civil court.

Any final decision of a Sheriff may be appealed. There is a right of appeal in civil cases to the Sheriff Principal, and in most cases onwards to 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....

. Criminal decisions are appealed to 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...

.

Proposed reform of civil procedure

In 2009 Lord Gill, the Lord Justice Clerk, delivered his Scottish Civil Courts Review which was heralded as the "most far-reaching reform of Scotland's civil justice system in nearly two centuries".

Among his 206 proposals were:
  • a major shift of work from the Court of Session to sheriff courts,
  • removal of the the jurisdictional overlap between those courts,
  • specialisation of sheriffs in areas such as family law, commerce, personal injury,
  • new district judges to deal with less legally complicated and low-value civil actions such as small claims and housing disputes.


In November 2010 the Scottish Government released its response to the Review accepting "the majority of Lord Gill's recommendations" including expressly the following proposals:
  • "Civil court business should be reallocated to more appropriate levels, with a far greater proportion of civil court business to be heard by the sheriff courts
  • "A specialised personal injury court should be established as part of Edinburgh Sheriff Court
  • "The creation of a new Sheriff Appeal Court
  • "The introduction of a new role of District Judge
  • "Adoption of an improved and more active approach to case management
  • "The introduction of designated specialist judges"


In October 2011, the Scottish Government announced consultation on appointments to a new Scottish Civil Justice Council to draft rules of procedure for civil proceedings in the Court of Session and sheriff court. The establishment of the Council was one of Lord Gill's 2009 recommendations.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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