A district court was the least
authoritative
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The Ne ...
type of
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
court of Scotland
The courts of Scotland are responsible for administration of justice in Scotland, under Primary and secondary legislation, statutory, common law and Equity (law), equitable provisions within Scots law. The courts are presided over by the judici ...
. The courts operated under
summary procedure and dealt primarily with minor criminal offences. The district courts were administered by the
district councils established under the
Local Government (Scotland) Act 1973
The Local Government (Scotland) Act 1973 (c. 65) is an Act of Parliament of the United Kingdom that altered local government in Scotland on 16 May 1975.
The Act followed and largely implemented the report of the Royal Commission on Local Gove ...
. Following the passage of the
Criminal Proceedings etc. (Reform) (Scotland) Act 2007 by the
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyr ...
, the
Scottish Ministers abolished the district courts and transferred their functions to the
justice of the peace court
A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.
History
The commission of the peace was originall ...
s, which are administered by the
Scottish Courts and Tribunals Service
, type =
, seal =
, logo = 250px
, logo_caption =
, formed =
, jurisdiction = Scotland
, headquarters = Saughton House, Broomhouse Drive, Edinburgh EH11 3XD
, employees = 1,374
, budget = £129.3 million (2015-2016)
, chief1_name = Lord ...
and subject to the authority of the
Lord President of the Court of Session
The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The L ...
.
History
Establishment
District courts were introduced in 1975 by the
District Courts (Scotland) Act 1975
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions ...
, as part of the local government reorganisation process as a replacement for
burgh police courts and sat in each
local authority area
A local government area (LGA) is an administrative division of a country that a local government is responsible for. The size of an LGA varies by country but it is generally a subdivision of a state, province, division, or territory.
The phrase i ...
under
summary procedure only. The district courts were administered by the
district council within whose jurisdiction it operated; the district councils were established under the
Local Government (Scotland) Act 1973
The Local Government (Scotland) Act 1973 (c. 65) is an Act of Parliament of the United Kingdom that altered local government in Scotland on 16 May 1975.
The Act followed and largely implemented the report of the Royal Commission on Local Gove ...
. Each court comprised one or more
justices of the peace
A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sam ...
— lay magistrates appointed by the
Secretary of State for Scotland
The secretary of state for Scotland ( gd, Rùnaire Stàite na h-Alba; sco, Secretar o State fir Scotland), also referred to as the Scottish secretary, is a Secretary of State (United Kingdom), secretary of state in the Government of the Unit ...
and later the
Scottish Government — who sat singly or in threes; a qualified legal assessor acted as
clerk of court
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...
.
Abolition
The district courts was abolished in a rolling programme between 10 March 2008 and 22 February 2010, following the passage of the
Criminal Proceedings etc. (Reform) (Scotland) Act 2007 by the
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyr ...
. The 2007 Act enabled the
Scottish Ministers to replace district courts by "justice of the peace courts". This allowed the
Scottish Government to unify the administration of the
sheriff courts and district courts in Scotland, but retaining lay
justices of the peace
A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sam ...
. The new justice of the peace courts are managed by the
Scottish Courts and Tribunals Service
, type =
, seal =
, logo = 250px
, logo_caption =
, formed =
, jurisdiction = Scotland
, headquarters = Saughton House, Broomhouse Drive, Edinburgh EH11 3XD
, employees = 1,374
, budget = £129.3 million (2015-2016)
, chief1_name = Lord ...
and are organised by
sheriffdom
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 r ...
. Responsibility for the Courts was transferred from the local authorities in a rolling programme of court unification that concluded in February 2010.
The district courts were replaced by justice of the peace courts by a series of
Scottish statutory instrument
A Scottish statutory instrument ( gd, Ionnsramaid Reachdail na h-Alba; SSI) is subordinate legislation made by the Scottish Ministers or a regulatory authority in exercise of powers delegated by an Act of the Scottish Parliament. SSIs are the ...
s as follows:
*Sheriffdom of
Lothian and Borders
Lothian and Borders is an area in Scotland consisting of the East Lothian, City of Edinburgh, Midlothian, West Lothian areas (collectively known as Lothian) along with the Scottish Borders.
The area constitutes a sheriffdom, and was also served ...
, 10 March 2008
*Sheriffdom of
Grampian
Grampian ( gd, Roinn a' Mhonaidh) was one of nine former local government regions of Scotland created in 1975 by the Local Government (Scotland) Act 1973 and abolished in 1996 by the Local Government etc. (Scotland) Act 1994. The region t ...
,
Highlands
Highland is a broad term for areas of higher elevation, such as a mountain range or mountainous plateau.
Highland, Highlands, or The Highlands, may also refer to:
Places Albania
* Dukagjin Highlands
Armenia
* Armenian Highlands
Australia
*Sou ...
and Islands, 2 June 2008
*Sheriffdom of
Glasgow
Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popu ...
and
Strathkelvin
Strathkelvin ( gd, Srath Chealbhainn) is the strath of the River Kelvin in west central Scotland, close to the city of Glasgow. The name Strathkelvin was formerly (1975–96) used for one of nineteen local government districts in the Strathclyde ...
, 8 December 2008
*Sheriffdom of
Tayside
Tayside ( gd, Taobh Tatha) was one of the nine regions used for local government in Scotland from 15 May 1975 to 31 March 1996. The region was named for the River Tay.
It was created by the Local Government (Scotland) Act 1973, following rec ...
, Central and
Fife
Fife (, ; gd, Fìobha, ; sco, Fife) is a council area, historic county, registration county and lieutenancy area of Scotland. It is situated between the Firth of Tay and the Firth of Forth, with inland boundaries with Perth and Kinross ...
, 23 February 2009
*Sheriffdom of North Strathclyde, 14 December 2009
*Sheriffdom of South Strathclyde,
Dumfries & Galloway
Dumfries and Galloway ( sco, Dumfries an Gallowa; gd, Dùn Phrìs is Gall-Ghaidhealaibh) is one of 32 unitary council areas of Scotland and is located in the western Southern Uplands. It covers the historic counties of Dumfriesshire, Kirk ...
, 22 February 2010
Remit and jurisdiction
They handled many cases of
breach of the peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
Public ord ...
,
minor assaults,
petty theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...
, and offences under the
Civic Government (Scotland) Act 1982
The Civic Government (Scotland) Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters.
Effects of the Act
Parts I and II of the Act deal with licensing by local authorities of a ...
. However, they could handle any offence that could competently be dealt with under
summary procedure. Their
sentencing powers of lay justices were limited to a
fine in excess of £2,500 or
imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessar ...
of up to 60 days. In practice, most offences were dealt with by a fine.
Stipendary magistrates
In
Glasgow
Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popu ...
, the volume of
business
Business is the practice of making one's living or making money by producing or buying and selling products (such as goods and services). It is also "any activity or enterprise entered into for profit."
Having a business name does not separ ...
required the employment of four
solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
s as
stipendiary magistrate
Stipendiary magistrates were magistrates that were paid for their work (they received a stipend). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal ...
s who sit in place of the lay justices. The stipendiary magistrates' court remained under the new JP court system, and had the same sentencing power as the summary
sheriff court.
The office of stipendiary magistrate was abolished following the passage of the
Courts Reform (Scotland) Act 2014
The Courts Reform (Scotland) Act 2014 is an Act of the Scottish Parliament passed in October 2014 to improve access to the civil justice system and while making the Court of Session a place for the more complex cases.
History
The Bill was introd ...
, and replaced with the new office of
summary sheriff.
See also
*
Magistrates' court (England and Wales)
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were ...
References
{{CourtsScotland2
Courts of Scotland