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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, the sýslumaður, which is commonly translated to English as sheriff.
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.
In Scotland a sheriff principal is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th century. Sheriffs principal were originally appointed by the monarch of Scotland, and evolved into a heritable jurisdiction before appointment was again vested in the Crown and the monarch of the United Kingdom following the passage of the Heritable Jurisdictions (Scotland) Act 1746.
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.
The Judicial Appointments Board for Scotland is an advisory non-departmental public body of the Scottish Government responsible for making recommendations on appointments to certain offices of the judiciary of Scotland. It was established in June 2002 on a non-statutory, ad hoc, basis by the Scottish Government, and was given statutory authority by the Judiciary and Courts (Scotland) Act 2008.
The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction covering disputes between landlords and tenants relating to agricultural tenancies, and matters related to crofts and crofters. The Scottish Land Court is both a trial court and an appeal court; hearings at first-instance are often heard by a Divisional Court of one of the Agricultural Members advised by the Principal Clerk. Decisions of the Divisional Court can be appealed to the Full Court, which will consist of at least one legally qualified judicial member and the remaining Agricultural Member. Some cases are heard at first-instance by the Full Court, and these cases may be appealed to the Inner House of the Court of Session.
A justice of the peace court is the lowest authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.
The Sheriff of Ayr was historically the royal official responsible for enforcing law and order in Ayr, Scotland and bringing criminals to justice. Sundrum Castle was used by the sheriff from the 14th century, and Loudoun Castle from the 16th century. Prior to 1748 most sheriffdoms were held on a hereditary basis. From that date, following the Jacobite uprising of 1745, the hereditary sheriffs were replaced by salaried sheriff-deputes, qualified advocates who were members of the Scottish Bar.
The Sheriff of the Lothians and Peebles was historically the office responsible for enforcing law and order and bringing criminals to justice in The Lothians and Peebles, Scotland. Prior to 1748 most sheriffdoms were held on a hereditary basis. From that date, following the Jacobite uprising of 1745, the hereditary sheriffs were replaced by salaried sheriff-deputes, qualified advocates who were members of the Scottish Bar.
The Sheriff of Perth was historically a royal official, appointed for life, who was responsible for enforcing justice in Perth, Scotland. Prior to 1748 most sheriffdoms were held on a hereditary basis. From that date, following the Jacobite uprising of 1745, the hereditary sheriffs were replaced by salaried sheriff-deputes, qualified advocates who were members of the Scottish Bar.
The Sheriff of Renfrew and Argyll was historically the royal official responsible for enforcing law and order and bringing criminals to justice in Renfrew and Argyll, Scotland.
The Sheriff of Stirling was historically the office responsible for enforcing law and order in Stirling, Scotland and bringing criminals to justice. Prior to 1748 most sheriffdoms were held on a hereditary basis. From that date, following the Jacobite uprising of 1745, the hereditary sheriffs were replaced by salaried sheriff-deputes, qualified advocates who were members of the Scottish Bar.
The Sheriff Appeal Court is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court. The Sheriff Appeal Court also hears appeals in civil cases from the sheriff courts, including the Sheriff Personal Injury Court.
The Sheriff Principal of Glasgow and Strathkelvin is the head of the judicial system of the sheriffdom of Glasgow and Strathkelvin, one of the six sheriffdoms covering the whole of Scotland. The current sheriffdoms were created in 1975 to replace the previous arrangement of 12 sheriffdoms. The sheriffdom of Glasgow and Strathkelvin maintains a single Sheriff Court based in Glasgow.
The Sheriff Principal of South Strathclyde, Dumfries and Galloway is the head of the judicial system of the sheriffdom of South Strathclyde, Dumfries and Galloway, one of the six sheriffdoms covering the whole of Scotland. The sheriffdom employs a number of legally qualified sheriffs who are responsible for the hearing of cases in five Sheriffs Court based in Airdrie, Ayr, Dumfries, Hamilton, Lanark and Stranraer. The current sheriffdoms were created in 1975 when the previous arrangement of 12 sheriffdoms was discontinued.
The Sheriff Principal of Tayside, Central and Fife is the head of the judicial system of the sheriffdom of Tayside, Central and Fife, one of the six sheriffdoms covering the whole of Scotland. The sheriffdom employs a number of legally qualified sheriffs who are responsible for the hearing of cases in eight Sheriffs Courts held in Alloa, Dundee, Dunfermline, Falkirk, Forfar, Kirkcaldy, Perth, and Stirling. The current Scottish sheriffdoms were created in 1975 when the previous arrangement of 12 sheriffdoms was discontinued.
The Sheriff Principal of Grampian, Highland and Islands is the head of the judicial system of the sheriffdom of Grampian, Highland and Islands, one of the six sheriffdoms covering the whole of Scotland. The sheriffdom employs a number of legally qualified sheriffs who are responsible for the hearing of cases in thirteen Sheriffs Courts based in Aberdeen, Banff, Elgin, Fort William, Inverness, Kirkwall, Lerwick, Lochmaddy, Peterhead, Portree, Stornoway, Tain and Wick. The current Scottish sheriffdoms were created in 1975 when the previous arrangement of 12 sheriffdoms was discontinued.
The Sheriff Principal of Lothian and Borders is the head of the judicial system of the sheriffdom of Lothian and Borders, one of the six sheriffdoms covering the whole of Scotland. The sheriffdom employs a number of legally qualified sheriffs who are responsible for the hearing of cases in four Sheriffs Courts based in Edinburgh, Jedburgh, Livingston and Selkirk. The current Scottish sheriffdoms were created in 1975 when the previous arrangement of 12 sheriffdoms was discontinued.
Craig Turnbull, Lord Colbeck is a Scottish judge who has been a Senator of the College of Justice since May 2023.
References
- ↑ "Judicial Appointments - Sheriff Principal". Judiciary of Scotland. Retrieved 13 September 2023.
- ↑ "Glossary | Practical Law". content.next.westlaw.com. Retrieved 13 September 2023.
- ↑ "No. 46443". The London Gazette . 31 December 1974. p. 13273.
- ↑ "No. 20274". The Edinburgh Gazette . 25 April 1978. p. 419.
- ↑ "Lord Caplan". Sunday Herald. 21 November 2008. Retrieved 21 October 2017.
- ↑ "Hay, Robert Colquhoun, (Born 1933), Sheriff Principal of North Strathclyde, 1989–98". HAY, Robert Colquhoun (born 1933), Sheriff Principal of North Strathclyde, 1989–98. Oxford Index. 2007. doi:10.1093/ww/9780199540884.013.U19560 . Retrieved 26 October 2017.
- ↑ "Judicial Appointments: lessons from the Scottish experience" (PDF). House of Commons. Retrieved 21 October 2017.
- ↑ "Sheriff Principal Duncan L. Murray". Judiciary of Scotland. Retrieved 21 October 2017.
- ↑ "Three new sheriffs principal appointed". Law Society of Scotland. 19 January 2023. Retrieved 28 September 2024.
