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Encyclopedia > Sheriff Court

The Sheriff Courts are the local Court system in Scotland. The Courts deal with a myriad of legal procedures which include:

  • Solemn and Summary Criminal cases
  • Large and Small estates upon a death
  • Fine payments
  • Civil actions under Ordinary, Summary Cause and Small Claim Procedures
  • Adoption Cases
  • Bankruptcy Actions

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 by a Judicial Appointments Board. 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 in Starrs v HMA 2000 JC 208.


The Courts are staffed by civil servants who are employed by the Scottish Courts Service which is an executive agency of the Scottish Executive. The Scottish Courts Service publishes an online map, lists of Sheriffs, and the rules of the court under different procedures.


There are six Sheriffdoms in Scotland, each with a Sheriff Principal. 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/she is charged directly with the management of the Court.


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.


Sheriff Courts are above local district Courts who deal with very minor offences and below the Supreme Courts who deal with the most serious such as Murder.


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. Criminal decisions are appealed to the High Court of Justiciary.


So far as civil procedure is concerned, there are different sets of rules for small claims (payment of up to £750); summary causes (mostly eviction actions); and ordinary causes (the rest). These are all published online, and direct links to them are on this page (http://www.jonathanmitchell.info/miscellany.html).


See also

External links


  Results from FactBites:
 
Sheriff - Wikipedia, the free encyclopedia (2344 words)
Most Canadian sheriff vehicles are not equipped with flashing lights or sirens, as emergency response or pursuit are police responsibilities, and the professional training (and hence wage) given to sheriff's deputies is not as extensive as that for municipal police or Royal Canadian Mounted Police constables.
The sheriff is a professional, law-trained judge, in comparison with the District Courts in Scotland or the lower-level courts in England, both of which are presided over by lay magistrates.
Court security is handled by the Delaware Capitol Police, and law-enforcement in the unincorporated areas of the state by the Delaware State Police or the New Castle County Police (in New Castle County.
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