A sheriff is a government official, with varying duties, existing in some countries with historical ties to
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
where the office originated. There is an analogous, although independently developed, office in
Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
that is commonly translated to English as ''sherif''.
Description
Historically, a sheriff was a
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
official with responsibility for a
shire
Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and New Zealand. It is generally synonymous with county. It was first used in Wessex from the beginn ...
, the term being a contraction of
"
shire
Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and New Zealand. It is generally synonymous with county. It was first used in Wessex from the beginn ...
reeve" (
Old English
Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the early Middle Ages. It was brought to Great Britain by Anglo-Saxon settlement of Britain, Anglo ...
).
In
British English
British English (BrE, en-GB, or BE) is, according to Lexico, Oxford Dictionaries, "English language, English as used in Great Britain, as distinct from that used elsewhere". More narrowly, it can refer specifically to the English language in ...
, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a
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 ...
in Scotland.
In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country.
* In
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
,
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, or
Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
, a sheriff (or
high sheriff) is a ceremonial county or city official.
* In
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, sheriffs are
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s.
* In the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
, in some counties and in the cities of
Dublin
Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
and
Cork
Cork or CORK may refer to:
Materials
* Cork (material), an impermeable buoyant plant product
** Cork (plug), a cylindrical or conical object used to seal a container
***Wine cork
Places Ireland
* Cork (city)
** Metropolitan Cork, also known as G ...
, sheriffs are legal officials similar to
bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
s.
* In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, a sheriff is a sworn
law enforcement officer
A law enforcement officer (LEO), or peace officer in North American English, is a Public sector, public-sector employee whose duties primarily involve the Law enforcement, enforcement of laws. The phrase can include campaign disclosure specialist ...
whose duties vary across states and counties. A sheriff is generally an elected
county
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
official, with duties that typically include policing
unincorporated area
An unincorporated area is a region that is not governed by a local municipal corporation. Widespread unincorporated communities and areas are a distinguishing feature of the United States and Canada. Most other countries of the world either have ...
s, maintaining county
jail
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
s, providing security to courts in the county, and (in some states) serving
warrants
Warrant may refer to:
* Warrant (law), a form of specific authorization
** Arrest warrant, authorizing the arrest and detention of an individual
** Search warrant, a court order issued that authorizes law enforcement to conduct a search for eviden ...
and court papers. In addition to these policing and correction services, a sheriff is often responsible for enforcing
civil law within the jurisdiction.
* In
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, sheriffs exist in most provinces. The provincial sheriff services generally manage and transport court prisoners, serve court orders, and in some provinces sheriffs provide security for the court system, protect public officials, support investigations by local police services and in
Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
, sheriffs carry out traffic enforcement.
* In
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
and
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
sheriffs are legal officials similar to
bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
s. In these countries there is no link maintained between counties and sheriffs.
* In
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, a sheriff is a largely ceremonial office in a few major cities.
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. The term was preserved in England notwithstanding the
Norman Conquest
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conque ...
.
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
A High Court enforcement officer (HCEO) is an officer of the High Court of England and Wales responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property. Prior to 2004, HCEOs were known as ''sheriff's ...
.
Scotland
In
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
the sheriff is a
judicial office holder in the
sheriff courts, and they are members of the
judiciary of Scotland
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 ...
.
Sheriffs principal
The most senior sheriffs are the
sheriffs principal, who have administrative as well as judicial authority in the six
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 ...
s, 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
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. ...
; hearing appeals against
sentencing
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for mult ...
and
conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...
from
summary trials in the sheriff courts and
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 originally ...
s.
The additional duties of a sheriff principal include being
Commissioners of the Northern Lighthouse Board (which is the
general lighthouse authority
A general lighthouse authority (GLA) is one of three agencies primarily responsible for aids to navigation in the United Kingdom and the Republic of Ireland. They are divided into regions as follows:
*Trinity House: England & Wales, Channel Island ...
for Scotland), and chairing local criminal justice boards which bring together local representatives of
procurator fiscal,
Police Scotland
Police Scotland ( gd, Poileas Alba), officially the Police Service of Scotland (), is the national police force of Scotland. It was formed in 2013, through the merging of eight regional police forces in Scotland, as well as the specialist service ...
and
Community Justice Scotland
Community Justice Scotland is an executive non-departmental public body of the Scottish Government, which is responsible for reducing reoffending. It launched in April 2017.
It was established by the Community Justice (Scotland) Act 2016, rep ...
, and
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 ...
.
Sheriffs
Sheriffs deal with the majority of civil and criminal court cases in Scotland, with the power to preside in
solemn proceedings
Solemn proceedings is the term used in Scotland for serious criminal cases prosecuted on indictment before a judge and jury. These are distinct from summary proceedings before a sheriff or justice of the peace sitting without a jury.
See also
...
with a
jury of 15 for
indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
s and sitting alone in summary proceedings for
summary offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
Canada
In Canada, summary offenc ...
s. A sheriff must be
legally qualified, and have been qualified as an
advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
or
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 ...
for at least 10 years. The maximum sentencing power of sheriff in summary proceedings is 12 months
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 necessari ...
, or a
fine
Fine may refer to:
Characters
* Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny''
* Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano
Legal terms
* Fine (penalty), money to be paid as punishment for an offe ...
of up to £10,000. In solemn proceedings the maximum sentence is 5 years imprisonment, or an unlimited fine.
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.
Summary sheriffs
Summary sheriffs hear
civil case
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
s brought under Simple Procedure and criminal cases brought under summary proceedings. Their sentencing powers are identical to a sheriff sitting in summary proceedings.
Republic of Ireland
In the Republic of Ireland, a sheriff () 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
A county registrar () is an official attached to the Irish Circuit Court who carries out a number of quasi-judicial and administrative functions regarding the functioning of the court within their assigned county or counties.
The county registra ...
.
In practice, two types of sheriff have been appointed:
* Four sheriffs (one each for
Dublin city,
County Dublin
"Action to match our speech"
, image_map = Island_of_Ireland_location_map_Dublin.svg
, map_alt = map showing County Dublin as a small area of darker green on the east coast within the lighter green background of ...
,
Cork city
Cork ( , from , meaning 'marsh') is the second largest city in Ireland and third largest city by population on the island of Ireland. It is located in the south-west of Ireland, in the province of Munster. Following an extension to the city' ...
, and
County Cork
County Cork ( ga, Contae Chorcaí) is the largest and the southernmost county of Ireland, named after the city of Cork, the state's second-largest city. It is in the province of Munster and the Southern Region. Its largest market towns are ...
) are full-time public officials whose responsibilities are:
*#enforcing
court order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out o ...
s of the
Circuit Court, such as
eviction
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage ...
or
debt collection
Debt collection is the process of pursuing payments of debts owed by individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of ...
*#acting as
returning officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.
Australia
In Australia a returning officer is an employee of the Australian Electoral Commission or a state electoral c ...
in
public elections
*#executing tax certificates on behalf of the
Revenue Commissioners
The Revenue Commissioners ( ga, Na Coimisinéirí Ioncaim), commonly called Revenue, is the Irish Government agency responsible for customs, excise, taxation and related matters. Though Revenue can trace itself back to predecessors (with the A ...
.
* Twelve sheriffs, colloquially called "Revenue sheriffs", have only the third of the preceding functions, the others being done by the county registrar's office.
Revenue sheriffs are
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 in private practice. Each covers one or more of
the state's remaining counties grouped as follows:
Carlow
Carlow ( ; ) is the county town of County Carlow, in the south-east of Ireland, from Dublin. At the 2016 census, it had a combined urban and rural population of 24,272.
The River Barrow flows through the town and forms the historic bounda ...
and
Kildare
Kildare () is a town in County Kildare, Ireland. , its population was 8,634 making it the 7th largest town in County Kildare. The town lies on the R445, some west of Dublin – near enough for it to have become, despite being a regional cen ...
;
Cavan
Cavan ( ; ) is the county town of County Cavan in Ireland. The town lies in Ulster, near the border with County Fermanagh in Northern Ireland. The town is bypassed by the main N3 road that links Dublin (to the south) with Enniskillen, Bally ...
,
Leitrim,
Longford
Longford () is the county town of County Longford in Ireland. It has a population of 10,008 according to the 2016 census. It is the biggest town in the county and about one third of the county's population lives there. Longford lies at the meet ...
and
Monaghan
Monaghan ( ; ) is the county town of County Monaghan, Republic of Ireland, Ireland. It also provides the name of its Civil parishes in Ireland, civil parish and Monaghan (barony), barony.
The population of the town as of the 2016 census was 7 ...
;
Clare Clare may refer to:
Places Antarctica
* Clare Range, a mountain range in Victoria Land
Australia
* Clare, South Australia, a town in the Clare Valley
* Clare Valley, South Australia
Canada
* Clare (electoral district), an electoral district
* Cl ...
and
Limerick
Limerick ( ; ga, Luimneach ) is a western city in Ireland situated within County Limerick. It is in the province of Munster and is located in the Mid-West which comprises part of the Southern Region. With a population of 94,192 at the 2016 ...
;
Donegal Donegal may refer to:
County Donegal, Ireland
* County Donegal, a county in the Republic of Ireland, part of the province of Ulster
* Donegal (town), a town in County Donegal in Ulster, Ireland
* Donegal Bay, an inlet in the northwest of Ireland b ...
;
Galway
Galway ( ; ga, Gaillimh, ) is a City status in Ireland, city in the West Region, Ireland, West of Ireland, in the Provinces of Ireland, province of Connacht, which is the county town of County Galway. It lies on the River Corrib between Lo ...
;
Kerry
Kerry or Kerri may refer to:
* Kerry (name), a given name and surname of Gaelic origin (including a list of people with the name)
Places
* Kerry, Queensland, Australia
* County Kerry, Ireland
** Kerry Airport, an international airport in County ...
;
Kilkenny
Kilkenny (). is a city in County Kilkenny, Ireland. It is located in the South-East Region and in the province of Leinster. It is built on both banks of the River Nore. The 2016 census gave the total population of Kilkenny as 26,512.
Kilken ...
and
Waterford
"Waterford remains the untaken city"
, mapsize = 220px
, pushpin_map = Ireland#Europe
, pushpin_map_caption = Location within Ireland##Location within Europe
, pushpin_relief = 1
, coordinates ...
;
Laois
County Laois ( ; gle, Contae Laoise) is a county in Ireland. It is part of the Eastern and Midland Region and in the province of Leinster. It was known as Queen's County from 1556 to 1922. The modern county takes its name from Loígis, a medie ...
,
Offaly
County Offaly (; ga, Contae Uíbh Fhailí) is a county in Ireland. It is part of the Eastern and Midland Region and the province of Leinster. It is named after the ancient Kingdom of Uí Failghe. It was formerly known as King's County, in hono ...
and
Tipperary
Tipperary is the name of:
Places
*County Tipperary, a county in Ireland
**North Tipperary, a former administrative county based in Nenagh
**South Tipperary, a former administrative county based in Clonmel
*Tipperary (town), County Tipperary's na ...
;
Louth Louth may refer to:
Australia
*Hundred of Louth, a cadastral unit in South Australia
* Louth, New South Wales, a town
* Louth Bay, a bay in South Australia
**Louth Bay, South Australia, a town and locality
Canada
* Louth, Ontario
Ireland
* Cou ...
,
Meath and
Westmeath
"Noble above nobility"
, image_map = Island of Ireland location map Westmeath.svg
, subdivision_type = Country
, subdivision_name = Ireland
, subdivision_type1 = Province
, subdivision_name1 =
, subdivis ...
;
Mayo Mayo often refers to:
* Mayonnaise, often shortened to "mayo"
* Mayo Clinic, a medical center in Rochester, Minnesota, United States
Mayo may also refer to:
Places
Antarctica
* Mayo Peak, Marie Byrd Land
Australia
* Division of Mayo, an Aust ...
;
Roscommon
Roscommon (; ) is the county town and the largest town in County Roscommon in Ireland. It is roughly in the centre of Ireland, near the meeting of the N60, N61 and N63 roads.
The name Roscommon is derived from Coman mac Faelchon who built ...
and
Sligo
Sligo ( ; ga, Sligeach , meaning 'abounding in shells') is a coastal seaport and the county town of County Sligo, Ireland, within the western province of Connacht. With a population of approximately 20,000 in 2016, it is the List of urban areas ...
; and
Wexford
Wexford () is the county town of County Wexford, Ireland. Wexford lies on the south side of Wexford Harbour, the estuary of the River Slaney near the southeastern corner of the island of Ireland. The town is linked to Dublin by the M11/N11 N ...
and
Wicklow
Wicklow ( ; ga, Cill Mhantáin , meaning 'church of the toothless one'; non, Víkingaló) is the county town of County Wicklow in Ireland. It is located south of Dublin on the east coast of the island. According to the 2016 census, it has ...
.
Prior to the 1922 creation of the
Irish Free State
The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between th ...
, Irish law regarding sheriffs mirrored that of England,
latterly with each
administrative county
An administrative county was a first-level administrative division in England and Wales from 1888 to 1974, and in Ireland from 1899 until either 1973 (in Northern Ireland) or 2002 (in the Republic of Ireland). They are now abolished, although mos ...
and
county borough
County borough is a term introduced in 1889 in the United Kingdom of Great Britain and Ireland, to refer to a borough or a city independent of county council control, similar to the unitary authorities created since the 1990s. An equivalent ter ...
having a ceremonial
High Sheriff and functional
under-sheriff
An undersheriff (or under-sheriff) is an office derived from ancient English custom that remains in, among other places, England and Wales and the United States, though performing different functions.
United States
In American law enforcement, t ...
s responsible for enforcing court orders of the
county court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
or
quarter sessions
The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
.
The
Courts of Justice Act 1924
The Courts of Justice Act 1924 ( ga, Acht Cúirteanna Breithiúnais, 1924) was an Act of the Oireachtas (No. 10 of 1924) that established a new system of courts for the Irish Free State (now Ireland or the Republic of Ireland). Among the new co ...
replaced these courts with a new Circuit Court. 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.
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.
[Court Officers Act 1945, s.12](_blank)
/ref> The four Dublin and Cork sheriffs were soon appointed, with much of the under-sheriff's responsibilities. Revenue sheriffs were introduced for the rest of the state in the late 1980s as part of a crackdown on tax evasion
Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxp ...
. In 1993 the Comptroller and Auditor General
An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations.
Fr ...
expressed concern that funds collected and held in trust by sheriffs on behalf of the Revenue Commissioners were at risk of commingling
In law, commingling is a breach of trust in which a fiduciary mixes funds held in care for a client with his own funds, making it difficult to determine which funds belong to the fiduciary and which belong to the client. This raises particular con ...
. This was reformed in 1998 by prohibiting sheriffs from retaining the interest earned on such monies and, to compensate, increasing their retainer
Retainer may refer to:
* Retainer (orthodontics), devices for teeth
* RFA ''Retainer'' (A329), a ship
* Retainers in early China, a social group in early China
Employment
* Retainer agreement, a contract in which an employer pays in advance for ...
.[; ] Through to the 1990s the sheriff's post was in the gift of the minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
, but by the 2010s it was advertised by the Public Appointments Service
The Commission for Public Service Appointments ( ga, Coimisiúin um Cheapacháin Seirbhíse Poiblí) is an independent Irish statutory body which sets standards for recruitment in the public service.
The Commission is not to be confused with the P ...
.
Oceania
Australia
A sheriff's office exists in most Australian states and territories
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing pol ...
, with various duties.
* Before 1824, prisons in the British penal colony
A penal colony or exile colony is a settlement used to exile prisoners and separate them from the general population by placing them in a remote location, often an island or distant colonial territory. Although the term can be used to refer to ...
of New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
were overseen by the Provost Marshal
Provost marshal is a title given to a person in charge of a group of Military Police (MP). The title originated with an older term for MPs, '' provosts'', from the Old French ''prévost'' (Modern French ''prévôt''). While a provost marshal i ...
. This title/position was replaced by that of Sheriff when a ''Charter of Justice'' was proclaimed in 1824.[Sean O'Toole, ''The History of Australian Corrections'' (University of New South Wales Press, 2006) p. 48.] In addition to detaining accused criminals awaiting trial, the sheriff executed death sentence
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
s and other sentences, controlled gaol
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correct ...
s, and handled prison movements, including the chain gang
A chain gang or road gang is a group of prisoners chained together to perform menial or physically challenging work as a form of punishment. Such punishment might include repairing buildings, building roads, or clearing land. The system was no ...
s that worked on Goat Island and in Sydney
Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
. In 1867, the sheriff began to be replaced by an independent Prisons Department, led by an inspector general
An inspector general is an investigative official in a civil or military organization. The plural of the term is "inspectors general".
Australia
The Inspector-General of Intelligence and Security (Australia) (IGIS) is an independent statutory off ...
, which was later renamed comptroller general
A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level executi ...
. Most Australian states adopted this mode of prison oversight for many years. In New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, the Office of the Sheriff is part of Courts and Tribunal Services. The office has more than 400 employees at 58 sheriffs' offices. In addition to enforcing writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
s, warrants, and property seizure orders issued by New South Wales courts and tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single ...
s, the Office of the Sheriff also provides court security and administers the state's jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
service.
* In Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
, the sheriff's office is part of the Victoria Department of Justice and Regulation. The office enforces warrants and orders issued by Victoria courts dealing with unpaid fine
Fine may refer to:
Characters
* Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny''
* Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano
Legal terms
* Fine (penalty), money to be paid as punishment for an offe ...
s (in criminal matters) and unpaid money judgment
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular ...
s (in civil matters). The Victoria sheriff's office has various enforcement powers against judgment debtor In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied. Such a person may be examined as to their assets, and if the judgment debt is of the ne ...
s; they may seize and sell a debtor's assets to satisfy a judgment, place a wheel clamp
A wheel clamp, also known as wheel boot, parking boot, or Denver boot, is a device that is designed to prevent motor vehicles from being moved. In its most common form, it consists of a clamp that surrounds a vehicle wheel, designed to preven ...
on a debtor's car, or direct VicRoads
VicRoads is a government joint venture in the state of Victoria, Australia. In the state, it is responsible for driver licensing and vehicle registration. It is owned and operated through a joint venture between the Victorian government and a c ...
to suspend a debtor's driver's license
A driver's license is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a public ...
or vehicle registration Motor vehicle registration is the registration of a motor vehicle with a government authority, either compulsory or otherwise. The purpose of motor vehicle registration is to establish a link between a vehicle and an owner or user of the vehicle. Th ...
.
* The Sheriff of Western Australia – also known as the Sheriff of the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, Marshal of the Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintif ...
and Marshal of the Federal Court in Western Australia – is an officer of those courts, as well as the District Court and the Magistrates Court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cou ...
. The Sheriff has two main roles.
** "Enforcement services": managing the serving of court documents, including summonses, and the execution of writs, warrants and orders to recover unpaid fines or debts resulting from court judgments; as such, the Sheriff is also responsible for the appointment of bailiffs – who carry out the above services on behalf of the Sheriff.
** "Jury services": preparing jury books, which list people potentially available for jury duty, within 17 jury districts in Western Australia, as well as actually summoning people to act as jurors in the Supreme and District courts. The Sheriff also investigates any failure by jurors to attend court and also has responsibility for the day-to-day management of juries sitting in the Perth metropolitan area
The Perth metropolitan region or the Perth metropolitan area is the administrative area and geographical extent of the Western Australian capital city of Perth and its conurbation.
It generally includes the coastal strip from Two Rocks in t ...
.
New Zealand
Sheriffs in New Zealand are officers of the Superior Courts and function as the executive arm of these courts. The role of sheriff is automatically given to anyone who has gained the position of Registrar of the High Court.
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
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
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 and regional police services or the Ontario Provincial Police
The Ontario Provincial Police (OPP) is the provincial police service of Ontario, Canada. Under its provincial mandate, the OPP patrols provincial highways and waterways, protects provincial government buildings and officials, patrols unincorpo ...
). In other parts of Canada, where sheriff's services do not exist, the Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
perform these duties. Quebec has a two-tiered court security system where armed provincial special constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
s perform court security and the provincial correctional officers perform prisoner escort/transport duties.
Alberta
In 2006, the Province of Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
expanded the duties of the Alberta Sheriffs Branch
The Alberta Sheriffs Branch is a provincial law enforcement agency overseen by the Ministry of Public Safety and Emergency Services of the province of Alberta, Canada. Under the authority of the ''Peace Officer Act'', Alberta Sheriffs are provin ...
(the successor to the former Courts and Prisoner Security agency) to include traffic enforcement, protective security
A bodyguard (or close protection officer/operative) is a type of security guard, government law enforcement officer, or servicemember who protects a person or a group of people — usually witnesses, high-ranking public officials or officers, ...
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
Newfoundland and Labrador
The Office of the High Sheriff of Newfoundland and Labrador provides protection and enforcement duties in support of the provincial, supreme, and appeal courts in the province. The sheriffs also assists local law enforcement agencies with additional resources to ensure public safety under the provincial Emergency Preparedness Program.
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.
Quebec
In the Province of Quebec, sheriffs (''shérifs'') are responsible for the jury selection process.
United States
The office of sheriff as county official in colonial North America
The colonial history of the United States covers the history of European colonization of North America from the early 17th century until the incorporation of the Thirteen Colonies into the United States after the Revolutionary War. In the ...
is recorded from the 1660s.
In the modern United States, the scope of a sheriff varies across states and counties
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
(which in Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
are called "parishes" and in Alaska "boroughs"). The sheriff is most often an elected county official who serves as the chief civilian Law enforcement officer#United States, 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
Warrant may refer to:
* Warrant (law), a form of specific authorization
** Arrest warrant, authorizing the arrest and detention of an individual
** Search warrant, a court order issued that authorizes law enforcement to conduct a search for eviden ...
and service of process, legal papers. In some counties where urban areas have their own police departments, a sheriff may be restricted to Civil procedure in the United States, 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 Municipality, municipalities, including those operating their own police departments. A sheriff often administers the county jails and is responsible for court security functions within their jurisdiction.
India
Among cities in India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, only Sheriff of Mumbai, Mumbai (Bombay), Sheriff of Kolkata, Kolkata (Calcutta) and Sheriff of Madras, Chennai (Madras), the three former British Presidencies, have had a Sheriff. First established in the 18th century 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-19th century 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.
Related offices
Iceland
In Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
, ''sýslumenn'' (singular , translated "sheriff") are administrators of the State (polity), state, holders of the executive power in their Jurisdiction (area), 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:
* Duties of all sheriffs: Marriage, marital matters (such as general registration of marital status and performing civil marriages), Age of consent, statutory matters, inheritance matters and more.
* Duties of all sheriffs except in Reykjavík: collection of public fees, publication of licences and permits for various personal and business purposes and more.
* Special duties of some sheriffs: in some jurisdictions the sheriff is also the police commissioner, commissioner of police.
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 County, counties and Municipality, municipalities.
The post of sheriff was mandated by the Old Covenant (Iceland), Old Covenant, an agreement between the Icelandic Commonwealth and the Norway, 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.
See also
* Police
* Sheriff of Nottingham
References
External links
{{Authority control
Sheriffs,
Government occupations
Judiciary of Scotland
Law enforcement titles
Legal professions
Titles
Positions of authority