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.

British English is the standard dialect of English language as spoken and written in the United Kingdom. Variations exist in formal, written English in the United Kingdom. For example, the adjective wee is almost exclusively used in parts of Scotland and Ireland, and occasionally Yorkshire, whereas little is predominant elsewhere. Nevertheless, there is a meaningful degree of uniformity in written English within the United Kingdom, and this could be described by the term British English. The forms of spoken English, however, vary considerably more than in most other areas of the world where English is spoken, so a uniform concept of British English is more difficult to apply to the spoken language. According to Tom McArthur in the Oxford Guide to World English, British English shares "all the ambiguities and tensions in the word 'British' and as a result can be used and interpreted in two ways, more broadly or more narrowly, within a range of blurring and ambiguity".

A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a resident or floating sheriff. Sheriffs principal and resident or floating sheriffs are all members of the judiciary of Scotland.

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

England Country in north-west Europe, part of the United Kingdom

England is a country that is part of the United Kingdom. It shares land borders with Wales to the west and Scotland to the north. The Irish Sea lies west of England and the Celtic Sea to the southwest. England is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight.

Northern Ireland Part of the United Kingdom lying in the north-east of the island of Ireland, created 1921

Northern Ireland is a part of the United Kingdom in the north-east of the island of Ireland, variously described as a country, province or region. Northern Ireland shares a border to the south and west with the Republic of Ireland. In 2011, its population was 1,810,863, constituting about 30% of the island's total population and about 3% of the UK's population. Established by the Northern Ireland Act 1998 as part of the Good Friday Agreement, the Northern Ireland Assembly holds responsibility for a range of devolved policy matters, while other areas are reserved for the British government. Northern Ireland co-operates with the Republic of Ireland in several areas, and the Agreement granted the Republic the ability to "put forward views and proposals" with "determined efforts to resolve disagreements between the two governments".

Wales Country in northwest Europe, part of the United Kingdom

Wales is a country that is part of the United Kingdom and the island of Great Britain. It is bordered by England to the east, the Irish Sea to the north and west, and the Bristol Channel to the south. It had a population in 2011 of 3,063,456 and has a total area of 20,779 km2 (8,023 sq mi). Wales has over 1,680 miles (2,700 km) of coastline and is largely mountainous, with its higher peaks in the north and central areas, including Snowdon, its highest summit. The country lies within the north temperate zone and has a changeable, maritime climate.

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]

A high sheriff is a ceremonial officer for each shrieval county of England and Wales and Northern Ireland or the chief sheriff of a number of paid sheriffs in U.S. states who outranks and commands the others in their court-related functions. In Canada, the High Sheriff provides administrative services to the supreme and provincial courts.

Scotland

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

Scotland Country in Europe, part of the United Kingdom

Scotland is a country that is part of the United Kingdom. Sharing a border with England to the southeast, Scotland is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast, the Irish Sea to the south, and the North Channel to the southwest. In addition to the mainland, situated on the northern third of the island of Great Britain, Scotland has over 790 islands, including the Northern Isles and the Hebrides.

Judge official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

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.

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 the 1970s 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. [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. Court security functions are handled by the jurisdictional police (municipal police or the Ontario Provincial Police) in which the courthouse is located. 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 [27] 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

The responsibilities of sheriffs in the Province of British Columbia include providing security for the Provincial Court, Supreme Court, and Court of Appeal; planning high-security trials; providing an intelligence unit; assessing threats towards public officials and those employed in the justice system; protecting judges and Crown prosecutors; managing detention cells; transporting prisoners by ground and air; managing and providing protection for juries; serving court-related documents; executing court orders and warrants; and assisting with the coroner's court.

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. [28]

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. [29]

Iceland

In Iceland, sýslumenn (singular sýslumaður, translated "sheriff"[ by whom? ]) 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. [33]

See also

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References

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