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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 (a legally qualified judge). Sheriffs principal and resident or floating sheriffs are all members of the judiciary of Scotland.
Sheriffdoms were originally identical to the shires of Scotland, originating in the twelfth century. Until the eighteenth century the office of sheriff was often hereditary, but this was ended following the unsuccessful Jacobite Rising of 1745. The Heritable Jurisdictions Act 1747 revested the government of the shires in the Crown, compensating those office holders who were displaced. The Sheriffs (Scotland) Act 1747 reduced the office of sheriff principal to a largely ceremonial one, with a sheriff depute or sheriff substitute appointed to each "county, shire or stewartry". [1] The sheriff deputes, who were paid a salary by the Crown, were qualified advocates and took charge of sheriff courts. [2] By the nineteenth century, the office of sheriff principal was an additional title held by the lord lieutenant of the county, and the Circuit Courts (Scotland) Act 1828 redesignated sheriff deputes as simply "sheriffs". [3]
The Sheriffs Act of 1747 also began the grouping of two or more counties under a single sheriffdom. This process continued so that by 1975 there were 12 sheriffdoms with only the county of Lanarkshire not combined.
New boundaries defined sheriffdoms in reference to regions, districts and islands areas which were then to be created on 16 May 1975. [4] This reduced the number of sheriffdoms to six.
The sheriffdoms were redefined again with effect from 1 April 1996, when new local government areas were created. [5] The boundaries of four sheriffdoms were unchanged. The boundaries of the other two were altered, so as to transfer an area around Chryston from the sheriffdom of Glasgow and Strathkelvin to the sheriffdom of South Strathclyde, Dumfries and Galloway. Elsewhere boundaries were simply redefined by reference to new local authority areas and electoral wards. [6]
Each sheriffdom has a full-time Sheriff Principal. Sheriffdoms are divided into Sheriff Court Districts, each with one or more sheriff.
Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and the United States. It is generally synonymous with county. It was first used in Wessex from the beginning of Anglo-Saxon settlement, and spread to most of the rest of England in the tenth century. In some rural parts of Australia, a shire is a local government area; however, in Australia it is not synonymous with a "county", which is a lands administrative division.
Local government in Scotland comprises thirty-two local authorities, commonly referred to as councils. Each council provides public services, including education, social care, waste management, libraries and planning. Councils receive the majority of their funding from the Scottish Government, but operate independently and are accountable to their local electorates. Councils raise additional income via the Council Tax, a locally variable domestic property tax, and Business rates, a non-domestic property tax.
The shires of Scotland, or counties of Scotland, are historic subdivisions of Scotland established in the Middle Ages and used as administrative divisions until 1975. Originally established for judicial purposes, from the 17th century they started to be used for local administration purposes as well. The areas used for judicial functions (sheriffdoms) came to diverge from the shires, which ceased to be used for local government purposes after 1975 under the Local Government (Scotland) Act 1973.
For local government purposes, Scotland is divided into 32 areas designated as "council areas", which are all governed by single-tier authorities designated as "councils". They have the option under the Local Government (Scotland) Act 1997 of being known as a "comhairle" when opting for a Gaelic name; only Comhairle nan Eilean Siar has chosen this option, whereas the Highland Council has adopted its Gaelic form alongside its English equivalent, informally.
Caithness is a historic county, registration county and lieutenancy area of Scotland.
The County of Bute, also known as Buteshire, is a historic county and registration county of Scotland.
Peeblesshire, the County of Peebles or Tweeddale is a historic county of Scotland. Its county town is Peebles, and it borders Midlothian to the north, Selkirkshire to the east, Dumfriesshire to the south, and Lanarkshire to the west.
Selkirkshire or the County of Selkirk is a historic county and registration county of Scotland. It borders Peeblesshire to the west, Midlothian to the north, Roxburghshire to the east, and Dumfriesshire to the south. It derives its name from its county town, the royal burgh of Selkirk. The county was historically also known as Ettrick Forest.
Tweeddale is a committee area and lieutenancy area in the Scottish Borders council area in south-eastern Scotland. It had also been a province in the Middle Ages. From 1975 to 1996 it was a local government district. Its boundaries correspond to the historic county of Peeblesshire.
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.
The History of local government in Scotland is a complex tale of largely ancient and long established Scottish political units being replaced after the mid 20th century by a frequently changing series of different local government arrangements.
In the Courts of Scotland, a sheriff-substitute was the historical name for the judges who sit in the local sheriff courts under the direction of the sheriffs principal; from 1971 the sheriffs substitute were renamed simply as sheriff. When researching the history of the sheriffs and sheriffs principal of Scotland there is much confusion over the use of different names to refer to sheriffs in Scotland. Sheriffs principal are those sheriffs who have held office over a sheriffdom, whether through inheritance or through direct appointment by the Crown. Thus, hereditary sheriff and sheriff-depute are the precursors to the modern office of sheriff principal.
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.
A sheriffdom is a judicial district of Scotland. Originally identical to the Shires of Scotland, from the eighteenth century many counties were grouped to form "sheriffdoms".
The Sheriff of Roxburgh was historically the royal official responsible for enforcing law and order in that area of 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 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 Inverness was historically the office responsible for enforcing law and order and bringing criminals to justice in Inverness, 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 Caithness was historically the royal official responsible for enforcing law and order in Caithness, Scotland.
The Historic counties of the United Kingdom are ancient geographical divisions of the United Kingdom. Although not defined by any one function, over many centuries, various forms of administrative function have been based on them. These have included the areas of Parliamentary constituencies, the Court of quarter sessions, the areas in which a Lord-lieutenant and Sheriff serve, territorial units of the Militia, as well as the basis of the original county councils. Although these areas have subsequently changed, the historic counties on which they were originally based have not. The Office for National Statistics recommended them in the Index of Place Names as a stable, unchanging geography which covers the whole of Great Britain.