Sheriff

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A sheriff is a government official, with varying duties, existing in some countries with historical ties to England, where the office originated. There is an analogous although independently developed office in Iceland that is commonly translated to English as sheriff, and this is discussed below.

Contents

Description

Historically, a sheriff was a legal official with responsibility for a shire, the term being a contraction of "shire reeve" (Old English scīrgerefa).

In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty [1] in England and Wales, and a sheriffdom [2] in Scotland.

In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country.

Great Britain and Ireland

England, Wales and Northern Ireland

The Old English term designated a royal official (a reeve) responsible for keeping the peace throughout a shire or county on behalf of the king. [4] The term was preserved in England notwithstanding the Norman Conquest.

Today, sheriff or high sheriff is a ceremonial county or city official. Some commercial organisations use the term to refer to High Court enforcement officers. [5]

Scotland

In Scotland the sheriff is a judicial office holder in the sheriff courts, and they are members of the judiciary of Scotland. [6]

Sheriffs principal

The most senior sheriffs are the sheriffs principal, who have administrative as well as judicial authority in the six sheriffdoms, and are responsible for the effective running and administration of all the sheriff courts in their jurisdiction. Sheriffs principal also sit as appeal sheriffs in the Sheriff Appeal Court; hearing appeals against sentencing and conviction from summary trials in the sheriff courts and justice of the peace courts. [7] The additional duties of a sheriff principal include being Commissioners of the Northern Lighthouse Board (which is the general lighthouse authority for Scotland), and chairing local criminal justice boards which bring together local representatives of procurator fiscal, Police Scotland and Community Justice Scotland, and Scottish Courts and Tribunals Service. [8] [9]

Sheriffs

Sheriffs deal with the majority of civil and criminal court cases in Scotland, with the power to preside in solemn proceedings with a jury of 15 for indictable offences and sitting alone in summary proceedings for summary offences. A sheriff must be legally qualified, and have been qualified as an advocate or solicitor for at least 10 years. The maximum sentencing power of sheriff in summary proceedings is 12 months imprisonment, or a fine of up to £10,000. In solemn proceedings the maximum sentence is 5 years imprisonment, or an unlimited fine. [6]

Sheriffs also preside over fatal accident inquiries which are convened to examine the circumstances around sudden or suspicious deaths, including those who die in the course of employment, in custody, or in secure accommodation. [10] [11]

Summary sheriffs

Summary sheriffs hear civil cases brought under Simple Procedure and criminal cases brought under summary proceedings. Their sentencing powers are identical to a sheriff sitting in summary proceedings. [12]

Republic of Ireland

In the Republic of Ireland, a sheriff (Irish : sirriam [13] ) is appointed under section 12(3) of the Court Officers Act 1945, to perform some of the functions that would otherwise be performed by the county registrar. [14] [15] [16] In practice, two types of sheriff have been appointed: [14]

Prior to the 1922 creation of the Irish Free State, Irish law regarding sheriffs mirrored that of England, [14] latterly with each administrative county and county borough having a ceremonial High Sheriff and functional under-sheriffs responsible for enforcing court orders of the county court or quarter sessions. [14] The Courts of Justice Act 1924 replaced these courts with a new Circuit Court. [20] The Court Officers Act 1926 formally abolished High Sheriffs and phased out under-sheriffs by providing that, as each retired, his functions would be transferred to the county registrar, established by the 1926 act as an officer of the Circuit Court. [14] [21] When the Dublin city under-sheriff retired in 1945, the city registrar was too overworked with other responsibilities to take over his duties, so the Court Officers Act 1945 was passed to allow a new office of sheriff to take over some or all of the under-sheriff's functions. [14] [15] The four Dublin and Cork sheriffs were soon appointed, with much of the under-sheriff's responsibilities. [14] Revenue sheriffs were introduced for the rest of the state in the late 1980s as part of a crackdown on tax evasion. [14] [19] In 1993 the Comptroller and Auditor General expressed concern that funds collected and held in trust by sheriffs on behalf of the Revenue Commissioners were at risk of commingling. [22] This was reformed in 1998 by prohibiting sheriffs from retaining the interest earned on such monies and, to compensate, increasing their retainer. [23] Through to the 1990s the sheriff's post was in the gift of the minister for Justice, but in the 2010s it is advertised by the Public Appointments Service. [23] [17] [18]

Australia

A sheriff's office exists in most Australian states and territories, with various duties.

North America

Canada

Most provinces and territories in Canada operate a sheriffs service. Sheriffs are primarily concerned with services such as courtroom security, post-arrest prisoner transfer, serving legal processes and executing civil judgements. Sheriffs are defined under section 2 of the Criminal Code as "peace officers". Sheriffs' duties in Ontario deal only with serving legal processes and executing civil judgments. They do not perform court security-related duties, which are handled by the police in which the courthouse is located (municipal police or the Ontario Provincial Police). In other parts of Canada, where sheriff's services do not exist, the Royal Canadian Mounted Police perform these duties. Quebec has a two-tiered court security system where armed provincial special constables perform court security and the provincial correctional officers perform prisoner escort/transport duties.

Alberta

In 2006, the Province of Alberta expanded the duties [29] of the Alberta Sheriffs Branch (the successor to the former Courts and Prisoner Security agency) to include traffic enforcement, protective security and some investigation functions (Sheriffs Investigative Support Unit and Safer Communities and Neighbourhoods Unit). As of June 2008, the Alberta Sheriffs Branch traffic division includes 105 traffic sheriffs who are assigned to one of seven regions in the province. Sheriffs also assist various police services in Alberta with prisoner management.

British Columbia

Nova Scotia

In the Province of Nova Scotia, the sheriffs service focuses on the safety and security of the judiciary, court staff, the public, and persons in custody. There are local sheriffs for every county in Nova Scotia, numbering over 200 in total. They work with up to 20,000 inmates and travel over 2 million kilometers in a year. Sheriffs are responsible for: court security; the transportation of prisoners to and from institutions and all levels of court; the service of some civil and criminal documents; and the execution of court orders. [30]

United States

The office of sheriff as county official in colonial North America is recorded from the 1660s. In the modern United States, the scope of a sheriff varies across states and counties (which in Louisiana are called "parishes" and in Alaska "boroughs"). The sheriff is most often an elected county official who serves as the chief civil-law enforcement officer of their jurisdiction. The sheriff enforces court orders and mandates and may perform duties such as evictions, seizing property and assets pursuant to court orders, and serving warrants and legal papers. In some counties where urban areas have their own police departments, a sheriff may be restricted to civil procedure enforcement duties, while in other counties, the sheriff may serve as the principal police force and have jurisdiction over all of the county's municipalities, regardless if they have their own city or town/township police department. A sheriff often administers the county jails and is responsible for court security functions within their jurisdiction.

India

Among cities in India, only Mumbai (Bombay), Kolkata (Calcutta) and Chennai (Madras), the three former British Presidencies, have had a Sheriff. First established in the 1700s based on the English High Sheriffs, they were the executive arm of the Judiciary, responsible for assembling jurors, bringing people to trial, supervising the gaoling (imprisonment) of prisoners and seizing and selling property. After the mid-1800s the responsibilities and powers of the role were reduced and the positions became ceremonial. The Sheriffs of Mumbai and Kolkata still exist, although the post in Chennai was abolished in 1998.

In present times the sheriff has an apolitical, non-executive role, presides over various city-related functions and conferences and welcomes foreign guests. The post is second to the mayor in the protocol list.

South Africa

In South Africa, the sheriffs are officers of the court and function as the executive arm of the court. They are responsible for serving court processes like summonses and subpoenas. They play an important role in the execution of court orders like the attachments of immovable and movable property; evictions, demolitions etc.

The Sheriffs Act 90 of 1986, which came into operation on 1 March 1990, governs the profession. A sheriff is appointed by the Minister for Justice and Constitutional Development in terms of Section 2 of the Act. [31]

Iceland

In Iceland, sýslumenn (singular sýslumaður, translated "sheriff") [32] are administrators of the state, holders of the executive power in their jurisdiction and heads of their Sheriff's Office. Sheriffs are in charge of certain legal matters that typically involve registration of some sort and executing the orders of the court. The duties of the sheriffs differ slightly depending on their jurisdiction but they can be broadly categorised as:

There are 24 sheriffs and sheriff jurisdictions in Iceland. The jurisdictions are not defined by the administrative divisions of Iceland but are mainly a mixture of counties and municipalities.

The post of sheriff was mandated by the Old Covenant, an agreement between the Icelandic Commonwealth and the Kingdom of Norway. The agreement which was ratified between 1262 and 1264 makes the post of sheriff the oldest secular position of government still operating in Iceland. [36]

See also

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Court of Session Supreme civil court of Scotland

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Sheriff court

A sheriff court is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

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British Columbia Sheriff Service Law enforcement agency for BC courts

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Sheriffs in the United States Deputized by a sheriff to perform the same duties as the sheriff

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References

  1. "Definition of SHRIEVALTY".
  2. "Sheriff Courts and Sheriffdoms in Scotland - Scots Law". Kevin F Crombie. 2009. Retrieved 19 April 2017.
  3. "Sheriffs - Judicial Office Holders - About the Judiciary - Judiciary of Scotland".
  4. "Online Etymology Dictionary".
  5. "The Sheriffs Are Coming". BBC . Retrieved 8 July 2019.
  6. 1 2 "Sheriffs - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Office for Scotland. 2017. Retrieved 3 April 2017.
  7. Judicial Office for Scotland (March 2016). "The Office of Sheriff Principal". www.judicialappointments.scot. Judicial Appointments Board for Scotland. Retrieved 4 April 2017.
  8. "Schedule 8 of Merchant Shipping Act 1995". www.legislation.gov.uk. The National Archives. 19 July 1995. Retrieved 2 April 2017.
  9. "Local Criminal Justice Boards". www.gov.scot. Scottish Government. 3 April 2006. Retrieved 2 April 2017.
  10. "Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976". Legislation.gov.uk. 13 April 1976. Retrieved 19 February 2017.
  11. Judicial Office for Scotland. "The Office of Sheriff" (DOC). www.judicialappointments.scot. Judicial Appointments Board for Scotland. p. 9. Retrieved 4 April 2017. 34) The sheriff is required to make certain findings and is empowered to make recommendations to avoid a recurrence of the incident.
  12. "Summary Sheriffs - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Office for Scotland. 2017. Retrieved 3 April 2017.
  13. Foras na Gaeilge. "sheriff". téarma.ie. Dublin City University. Retrieved 11 July 2019.
  14. 1 2 3 4 5 6 7 8 9 10 Hyland, Paul (5 August 2012). "Explainer: Who and what are Ireland's sheriffs?". TheJournal.ie. Retrieved 11 July 2019.
  15. 1 2 Court Officers Act 1945, s.12
  16. 1 2 "Role of County Registrar". Courts Service of Ireland. Retrieved 11 July 2019.
  17. 1 2 Sheehan, Maeve (22 December 2013). "Good, bad and ugly side of being the city's sheriff". Sunday Independent. Retrieved 11 July 2019.
  18. 1 2 3 Nick, Callan (30 November 2018). "Government makes appointments to Sheriff posts". merrionstreet.ie (Press release). Retrieved 11 July 2019.
  19. 1 2 3 "Ceisteanna—Questions. Oral Answers. - Revenue Sheriffs". Dáil Éireann (25th Dáil) debates. Oireachtas. 17 February 1988. Retrieved 11 July 2019.
  20. Courts of Justice Act 1924, ss. 37, 51
  21. Court Officers Act 1926 ss.35, 38, 52, 54
  22. "Written Answers. - Collection of Moneys by Sheriffs". Dáil Éireann (27th Dáil) proceedings (in Irish). Oireachtas. 15 June 1993. Retrieved 19 July 2019.
  23. 1 2 O'Donoghue, John (24 June 1999). "Courts (Supplemental Provisions) (Amendment) Bill, 1999: Second Stage". Dáil Éireann (28th Dáil) debates. Oireachtas. Retrieved 19 July 2019.; "S.I. No. 314/1998 - Sheriffs' Fees and Expenses Order, 1998". electronic Irish Statute Book (eISB). Retrieved 19 July 2019.
  24. 1 2 3 Sean O'Toole, The History of Australian Corrections (University of New South Wales Press, 2006) p. 48.
  25. Office of the Sheriff of New South Wales, Government of New South Wales (accessed August 20, 2016).
  26. Sheriffs in Victoria, Victoria Department of Justice and Regulation (accessed August 20, 2016).
  27. Sheriff enforcement powers, Victoria Department of Justice and Regulation (accessed August 20, 2016).
  28. General, Department of the Attorney. "Sheriff of Western Australia".
  29. "Alberta sheriffs make highway debut this weekend". CBC. September 1, 2006. Archived from the original on July 1, 2008. Retrieved 2008-06-03.
  30. "Sheriff Services - novascotia.ca".
  31. "home". www.sheriffs.org.za.
  32. https://en.glosbe.com/en/is/Sheriff
  33. "Verkefni allra sýslumanna" [Tasks of all sheriffs] (in Icelandic). Retrieved 31 January 2012.
  34. "Verkefni sýslumanna utan Reykjavíkur" [Tasks of sheriffs outside Reykjavík] (in Icelandic). Retrieved 31 January 2012.
  35. "Sérstök verkefni sýslumanna" [Special tasks of sheriffs] (in Icelandic). Archived from the original on 29 June 2007. Retrieved 31 January 2012.
  36. "Saga sýslumanna" [History of sheriffs] (in Icelandic). Retrieved 31 January 2012. Sýslumanna er fyrst getið hérlendis í einu handriti að sáttmála þeim sem Íslendingar gerðu við Noregskonung og öðlaðist staðfestingu á árunum 1262 til 1264 og síðar var nefndur Gamli sáttmáli, en með sáttmála þessum má segja að Íslendingar hafi gerst þegnar Noregskonungs. Eru sýslumenn elstu veraldlegu embættismenn sem enn starfa hérlendis og hafa alla tíð verið mikilvægur hluti stjórnsýslunnar.