The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. They are constituted and governed by Scots law. The Faculty of Advocates is the collective term by which what in England are called barristers are known in Scotland. ... It has been suggested that Barrister#Advocates in Scotland be merged into this article or section. ... The Law Society of Scotland is the professional governing body for Scottish solicitors, based in Edinburgh. ... A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia New Zealand and Canada, but not the United States (in the United States the word has a quite different meaning—see below). ... In the common law, civil law refers to the area of law governing relations between private individuals. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Heraldry in its most general sense encompasses all matters relating to the duties and responsibilities of officers of arms. ... This article is about courts of law. ... J.L. Urban, statue of Lady Justice at court building in Olomouc, Czech Republic Justice is the ideal, morally correct state of things and persons. ... Motto: (Latin for No one provokes me with impunity)1 Anthem: Multiple unofficial anthems Capital Edinburgh Largest city Glasgow Official language(s) English, Gaelic, Scots 2 Government Constitutional monarchy  - Queen Queen Elizabeth II  - Prime Minister of the UK Tony Blair MP  - First Minister Jack McConnell MSP Unification    - by Kenneth I... Scots law (or Scottish law) is the law of Scotland. ...

The United Kingdom does not have a single unified judicial system — England and Wales have one system, Scotland another, and Northern Ireland a third. 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 United Kingdom does not have a single unified judicial system — England and Wales have one system, Scotland another, and Northern Ireland a third. ... The Asylum and Immigration Tribunal(AIT) is a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration decisions. ... Employment Tribunals are inferior courts in Great Britain which have statutory jurisdiction to hear many kinds of disputes between employers and employees. ...

Civil Courts

House of Lords

The House of Lords is the highest civil court of appeal in both Scotland and also in England & Wales. In practice, only the Law Lords hear the appeals. 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 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 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 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 in Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh. The court of first instance is known as the Outer House, the court of appeal is known as the Inner House. The Court of Session is the supreme civil court in Scotland. ... The Court of First Instance, created in 1989, is a court of the European Union. ... It has been suggested that Mandate (law) be merged into this article or section. ... The Robert Reid designed facade to Parliament Square Parliament House in Edinburgh, Scotland was home to the Scottish Parliament, and is now used by the High Court of Justiciary and the Court of Session. ... Edinburgh (pronounced ; Scottish Gaelic: ) is the capital of Scotland and its second-largest city. ...

Sheriff Court

The Sheriff Court is the other Scottish civil court; this sits locally. 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. The Sheriff Courts are the local Court system in Scotland. ... A pursuer in Scotland is the party who initiates a lawsuit before a Court of Scotland. ... A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a 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. The office of sheriff principal is unique within the judicial structure of the United Kingdom, and it cannot therefore readily be compared with any other judicial office. ...

Criminal Courts

High Court of Justiciary

The High Court of Justiciary is Scotland's supreme criminal court. Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ...

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, but 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 UK's highest court. However, 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 members of the Judicial Committee also sit in the House of Lords as the Lords of Appeal in Ordinary. The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 2, 2000. ... The Scotland Act 1998 is an Act of the Parliament of the United Kingdom at Westminster. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...

Sheriff Court

The Sheriff Court is the main Scottish 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. The maximum penalty which may be imposed is 3 months' imprisonment or a £5,000 fine (in summary cases) or 5 years' imprisonment or an unlimited fine (in solemn cases). For jury meaning makeshift, see jury rig. ...

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. 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. They handle cases of breach of the peace, drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982. The maximum penalty which may be imposed is 60 days' imprisonment or a £2,500 fine. District courts are a category of courts which exists in several nations. ... 1975 (MCMLXXV) was a common year starting on Wednesday. ... A Justice of the Peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. ...

Court Reform

The Scottish Executive has announced its intention to unify the management of the Sheriff and District courts in Scotland, but retaining lay Justices. The Criminal Proceedings etc. (Reform) Bill was introduced in the Scottish Parliament on 28 February 2006. If enacted, this Bill would replace District Courts by "Justice of the Peace Courts". The Executives logo, shown with English and Scottish Gaelic caption The term Scottish Executive is used in two different, but closely-related senses: to denote the executive arm of Scotlands national legislature (i. ... The Scottish Parliaments logo in English and Gaelic. ... February 28 is the 59th day of the year in the Gregorian calendar. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ...

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, etc. British labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Britain. ... The Lands Tribunal was created by the Lands Tribunal Act 1949 and has juridsiction in England and Wales. ...

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 a court to review a statute, or an official action or inaction, for constitutionality. ...

• Tribunals
  • Asylum and Immigration Tribunal
  • Employment Tribunal
  • VAT and Duties Tribunal
  • Pensions Appeal Tribunals for Scotland
  • Office of the Social Security Commissioners
  • Office of the Public Guardian

The Asylum and Immigration Tribunal(AIT) is a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration decisions. ... British labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Britain. ... The Office of the Public Guardian (OPG) is a public body in Scotland established in April 2001 following the passing of the Adults with Incapacity (Scotland) Act 2000; it is part of the Scottish Courts Service. ...

Children's Hearings

The specialist system of Children's Hearings in Scotland handles the majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland. These tribunals have wide ranging powers to issue supervision orders for the person referred to them by the Scottish Children's Reporter Administration. Serious crimes, at the direction of the Procurator Fiscal, are still dealt with in the usual criminal courts. Children’s Hearings are part of the legal and welfare systems in Scotland; they combine justice and welfare for children and young people. ... The procurator fiscal is the local public prosecutor in Scotland. ...

Court of the Lord Lyon

Scotland has a standing court of heraldry and genealogy - the Court of the Lord Lyon which is responsible for civil and criminal enforcement of armorial bearings and the right to use certain titles in Scotland. It is headed by the Lord Lyon who is King of Arms and senior herald for Scotland. The Court of the Lord Lyon, also know as Lyon Court, is the institution which regulates heraldry in Scotland. ... Heraldry is the science and art of describing coats-of-arms, also referred to as achievements or armorial bearings. ... Arms of the Office of the Lord Lyon The Lord Lyon King of Arms, the head of Lyon Court, is the Scottish official with responsibility for regulating heraldry in that kingdom, issuing new grants of arms, and serving as the judge of the oldest Heraldic court in the world that...

Other courts

• Court-martial

• Land
  • Scottish Land Court - agricultural tenancies and crofting rights
  • Lands Tribunal for Scotland - title and land obligations

A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ... The Scottish Land Court is based in Edinburgh and deals with disputes relating to agricultural tenancies between landlords and tenants. ...

Relationship with the European Court of Justice

Contrary to popular belief, there is no right to appeal at any stage in UK court proceedings to the European Court of Justice (ECJ). Any court in the UK may refer a particular point of law relating to European Union law to the ECJ for determination. 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 Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...

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 of any court in Scotland 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. European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...

The ECtHR is an international court that hears complaints concerning breaches of the European Convention on Human Rights and Fundamental Freedoms. An unsatisfied litigant in the Scotland 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 Scottish Parliament and Scottish Executive to decide what action (if any) to take after an adverse finding. The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ... The Scottish Parliaments logo in English and Gaelic. ... The Executives logo, shown with English and Scottish Gaelic caption The term Scottish Executive is used in two different, but closely-related senses: to denote the executive arm of Scotlands national legislature (i. ...

Furthermore, courts in Scotland 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 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. The Scotland Act 1998 is an Act of the Parliament of the United Kingdom at Westminster. ... This is a list of Acts of the Scottish Parliament. ... The term Scottish Executive is used in two different, but closely-related senses: to denote the executive arm of the legislature (ie. ... The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 2, 2000. ...

See also

• List of United Kingdom topics
• Court of Exchequer (Scotland)
• Admiralty court

Shortcut: UK topics This is a list of topics related to the United Kingdom. ... The Court of Exchequer was formerly a distinct part of the court system in Scotland. ... Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences. ...

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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