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Scots law |
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Administration |
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Civil courts |
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Criminal courts |
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Special courts |
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Criminal justice |
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Advocates and solicitors |
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. Scots law is a unique legal system with an ancient basis in Roman law. The Justice and Communities Directorate is a Directorate within the Scottish Government. The Cabinet Secretary for Justice, commonly referred to as the Justice Secretary, is a Cabinet position in the Scottish Government. The Judicial Appointments Board for Scotland is Public body responsible for making recommendations on appointments to judicial offices in Scotland. The Scottish Court Service is an executive agency of the Scottish Government responsible for the administration the of the Court system in Scotland The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies The Office of the Public Guardian (OPG in Scotland, is a public body based in Falkirk as part of the Scottish Court Service, established The Scottish Criminal Cases Review Commission (SCCRC is a non-departmental public body in Scotland, established by the Criminal Procedure (Scotland Act 1995 The Scottish Prison Service (SPS ( Scottish Gaelic: Seirbheisean nam prìosan Albanach) an executive agency of the Scottish Government tasked The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively The Lord President of the Court of Session is head of the judiciary in Scotland and presiding Judge (and Senator of the College of Justice and Court of Session The Lord Justice Clerk is the second most senior Judge in Scotland behind the Lord President of the Court of Session. The Senators of the College of Justice, also known as the Lords of Council and Session and as the Lords Commissioners of Justiciary, are the judges of the Court The Office of the Accountant of Court is a constituent body of the Supreme Courts of Scotland. Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. The High Court of Justiciary is the supreme criminal court of Scotland. The Lord President of the Court of Session is head of the judiciary in Scotland and presiding Judge (and Senator of the College of Justice and Court of Session The Lord Justice Clerk is the second most senior Judge in Scotland behind the Lord President of the Court of Session. The Senators of the College of Justice, also known as the Lords of Council and Session and as the Lords Commissioners of Justiciary, are the judges of the Court Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. 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 SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. A District Court is the lowest level of court in Scotland. It deals mainly with minor offences and they operate under summary procedure. A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace The Court of the Lord Lyon, also known as the Lyon Court, is a standing Court of law which regulates Heraldry in Scotland. The Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility The Scottish Children's Reporter Administration (SCRA is a Scottish Government executive non-departmental public body with responsibility for protecting Children A Children’s Hearing is part of the legal and welfare systems in Scotland; it aims to combine justice and welfare for children and young people The Scottish Land Court is based in Edinburgh and deals with disputes relating to Agricultural Tenancies between Landlords and tenants The Lands Tribunal for Scotland is a civil Court established in 1971[http //www Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate) known as the Lord Advocate (Morair Tagraidh is the chief legal officer of the Scottish The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates A procurator fiscal is the Public prosecutor in Scotland, also carrying out functions broadly equivalent to the Coroner in other Legal systems The Faculty of Advocates is an independent body of Lawyers who have been admitted to practise as Advocates before the Courts of Scotland, especially the An advocate is one who speaks on behalf of another person especially in a legal context The Law Society of Scotland is the Professional governing body for Scottish Solicitors based in Edinburgh. Solicitor Advocate is the title used by a Solicitor who is qualified to represent clients as an Advocate in the higher courts in England and Wales or in A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Heraldry in its most general sense encompasses all matters relating to the duties and responsibilities of officers of arms. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. JUSTICE is a Human rights and law reform organisation based in the United Kingdom. They are constituted and governed by Scots law. Scots law is a unique legal system with an ancient basis in Roman law.
The United Kingdom does not have a single unified judicial system—England and Wales have one system, Scotland another, and Northern Ireland a third. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England The courts of Northern Ireland are the civil and criminal Courts responsible for the administration of Justice in Northern Ireland: There are exceptions to this rule, for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom; while in employment law there is a single system of Employment Tribunals for England, Wales and Scotland (but not Northern Ireland). The Asylum and Immigration Tribunal ( AIT) is a Tribunal constituted in the United Kingdom with Jurisdiction to hear Appeals from many Employment Tribunals are Tribunal Non-Departmental Public Bodies in England and Wales and Scotland which have statutory Jurisdiction
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Civil Courts
House of Lords
The House of Lords is the highest civil court of appeal in Scotland. The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. In practice, only the Law Lords hear the appeals. Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the It was abolished by the Supreme Court of Judicature Act 1873, but an election was held before the act came into force, and the new Parliament amended the act to preserve the House of Lords' judicial function. The Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873
Court of Session
The Court of Session is the supreme civil court. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh. The European Court of First Instance, created in 1989 is a court of the European Union. In Law, an appeal is a process for requesting a formal change to an official decision Parliament House in Edinburgh, Scotland, was home to the pre-1707 Parliament of Scotland, and now houses the Supreme Courts of Scotland. Edinburgh ( ˈɛdɪnb(ərə Dùn Èideann) is the Capital of Scotland and is its second largest city after Glasgow. The court of first instance is known as the Outer House, the court of appeal the Inner House. The Outer House is one of the two parts of the Scottish Court of Session, which is the supreme civil Court in Scotland. The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms
Sheriff Court
The Sheriff Court is the other civil court; this sits locally. Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. Although the Court of Session and Sheriff Courts have a largely co-extensive jurisdiction, with the choice of court being given in the first place to the pursuer (the claimant), the majority of difficult or high-value cases in Scotland are brought in the Court of Session. A pursuer in Scotland is the party who initiates a Lawsuit before a Court of Scotland. A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit
Any final decision of a Sheriff may be appealed against. There is a right of appeal in civil cases to the Sheriff Principal, and in most cases onwards to the Court of Session. 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
Criminal Courts
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court. The High Court of Justiciary is the supreme criminal court of Scotland.
The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House in Edinburgh, and also sits from time to time in various other places in Scotland. As a court of appeal, it sits only in Edinburgh.
Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.
There is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the House of Lords, the highest court. Appeals under the Human Rights Act 1998 and devolution appeals under the Scotland Act 1998 are heard by the Judicial Committee of the Privy Council. The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998 and mostly came into force The Scotland Act 1998 (1998 c 46 is an Act of the Parliament of the United Kingdom. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 The members of the Judicial Committee also sit in the House of Lords as the Lords of Appeal in Ordinary.
Sheriff Court
The Sheriff Court is the main criminal court; this sits locally. The procedure followed may either be solemn, where the Sheriff sits with a jury of 15; or summary, where the Sheriff sits alone. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months' imprisonment or a £10,000 fine, in solemn cases 5 years' imprisonment or an unlimited fine [1]. Events 1041 - Empress Zoe of Byzantium elevates her adoptive son to the throne of the Eastern Roman Empire as Michael V Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century.
A higher sentence in solemn cases may be imposed upon reference to the High Court of Justiciary.
District Court
District Courts were introduced in 1975 and sit in each local authority area under summary procedure only. District courts are a category of Courts which exists in several nations Each court comprises one or more Justices of the Peace (lay magistrates) who sit alone or in threes with a qualified legal assessor as convener or clerk of court. A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace They handle cases of breach of the peace, drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982. The Civic Government (Scotland Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters The maximum penalty which may be imposed is 60 days' imprisonment or a £2,500 fine.
Court Reform
The Scottish Government had announced its intention to unify the management of the Sheriff and District courts, but retaining lay Justices. The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enables the Scottish Ministers to replace District Courts by "Justice of the Peace Courts". The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. [2]
Special courts and tribunals
Scotland has several specialised courts and tribunals.
Tribunals
Tribunals sit in judgement over a number of specialist areas, and frequently have appeals tribunals above them. For example, the Employment Tribunals (appeals to Employment Appeals Tribunal), VAT Tribunals, Lands Tribunal for Scotland, etc. British labour law is that body of law which regulates the rights restrictions obligations of trade unions workers and employers in Great Britain. The Lands Tribunal for Scotland is a civil Court established in 1971[http //www
In many cases there is a statutory right of appeal from a tribunal to a particular court or specially constituted appellate tribunal, for example Employment Tribunal cases are appealed to the Employment Appeals Tribunal, which in turn allows appeals to the Court of Session. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal is by judicial review in the Court of Session, which will often be more limited in scope than an appeal. Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm
- Tribunals
- Asylum and Immigration Tribunal
- Employment Tribunal
- VAT and Duties Tribunal
- Pensions Appeal Tribunals for Scotland
- Office of the Social Security Commissioners
- Mental Health Tribunal for Scotland
Children's Hearings
The specialist system of Children's Hearings handles the majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland. The Asylum and Immigration Tribunal ( AIT) is a Tribunal constituted in the United Kingdom with Jurisdiction to hear Appeals from many British labour law is that body of law which regulates the rights restrictions obligations of trade unions workers and employers in Great Britain. The Mental Health Tribunal for Scotland was set up by the Scottish Executive to hear applications for and appeals against Compulsory Treatment Orders and appeals against Short A Children’s Hearing is part of the legal and welfare systems in Scotland; it aims to combine justice and welfare for children and young people These tribunals have wide ranging powers to issue supervision orders for the person referred to them by the Scottish Children's Reporter Administration. The Scottish Children's Reporter Administration (SCRA is a Scottish Government executive non-departmental public body with responsibility for protecting Children Serious crimes, at the direction of the Procurator Fiscal, are still dealt with in the usual criminal courts. A procurator fiscal is the Public prosecutor in Scotland, also carrying out functions broadly equivalent to the Coroner in other Legal systems
Court of the Lord Lyon
The Court of the Lord Lyon, the standing court of heraldry and genealogy, is responsible for civil and criminal enforcement of armorial bearings and the right to use certain titles. The Court of the Lord Lyon, also known as the Lyon Court, is a standing Court of law which regulates Heraldry in Scotland. A coat of arms or armorial bearings (often just arms for short in European tradition is a design belonging to a particular person (or group of people It is headed by the Lord Lyon, who is King of Arms and senior herald for Scotland. The Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility
Other courts
- Land
- Scottish Land Court: agricultural tenancies and crofting rights
- Lands Tribunal for Scotland: title and land obligations
Relationship with the European Court of Justice
There is no right to appeal at any stage to the European Court of Justice (ECJ). A court-martial (plural courts-martial) is a Military court. These military courts can determine Punishments for members of the Military subject The Scottish Land Court is based in Edinburgh and deals with disputes relating to Agricultural Tenancies between Landlords and tenants The Lands Tribunal for Scotland is a civil Court established in 1971[http //www This article refers to the European Union court not the European Court of Human Rights of the Council of Europe The Court of Justice Any court may refer a particular point of law relating to European Union law to the ECJ for determination. The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU However, once the ECJ has given its interpretation, the case is referred back to the court that referred it. This is symptomatic of the fact that although the European Union is increasingly federal, there is no federal court system, just laws that must be interpreted the same way across all member states. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in
The decision to refer a question to the ECJ can be made by the court of its own initiative, or at the request of any of the parties before it. Where a question of European law is in doubt and there is no appeal from the decision of a court, it is required to refer the question to the ECJ; otherwise any referral is entirely at the discretion of the court.
Relationship with the European Court of Human Rights
It is not possible to appeal the decision to the European Court of Human Rights (ECtHR) Although it is frequent to hear media references to an "appeal" being taken "to Europe", what actually takes place is rather different. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights
The ECtHR is an international court that hears complaints concerning breaches of the European Convention on Human Rights and Fundamental Freedoms. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the An unsatisfied litigant might complain to the ECtHR that Scots law has violated their rights and demand just satisfaction. A decision in the ECtHR will not change their rights under Scots law, and it is up to the various domestic legislative and executive bodies to decide what action (if any) to take after an adverse finding.
Furthermore, courts are not bound to follow a decision of the ECtHR, although they should "take into account" ECtHR jurisprudence when deciding a claim under the Scotland Act 1998. The Scotland Act 1998 (1998 c 46 is an Act of the Parliament of the United Kingdom. The Act requires Acts of the Scottish Parliament and actions of the Scottish Ministers to be compatible with the European Convention on Human Rights, and does so in a way which gives courts greater control than they have over UK Acts of Parliament as provided for by the Human Rights Act 1998. "Acts of the Scottish Parliament" redirects here For pre-Union acts see List of Acts of the Scottish Parliament to 1707. The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998 and mostly came into force
See also
References
- ^ Part III of the Criminal Proceedings etc. The Court of Exchequer was formerly a distinct part of the court system in Scotland, with responsibility for administration of government revenue and judicial matters The Office of the Accountant of Court is a constituent body of the Supreme Courts of Scotland. Admiralty courts, also known as maritime courts, are courts exercising Jurisdiction over all maritime Contracts Torts injuries and offences (Reform) (Scotland) Act 2007
- ^ "The Scottish Ministers may by order establish courts of summary criminal jurisdiction to be known as justice of the peace courts. " Section 59 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). Office of Public Sector Information. The Office of Public Sector Information ( OPSI) is the body responsible for the operation of Her Majesty's Stationery Office (usually abbreviated as HMSO Retrieved on 2007-11-27. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1095 - Pope Urban II declares the First Crusade at the Council of Clermont
External links
- Scottish Court Service
- Scottish Executive
- Faculty of Advocates
- Law Society of Scotland
- Jurisdiction of Scottish courts
- Scottish Legal Aid Board
- Judicial Appointments Board
- Judicial Appointments Board description of post of Sheriff
- Organisation of justice in Scotland (pdf)
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