Scottish Court Service
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, type = , seal = , logo = 250px , logo_caption = , formed = , jurisdiction =
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 ...
, headquarters = Saughton House, Broomhouse Drive, Edinburgh EH11 3XD , employees = 1,374 , budget = £129.3 million (2015-2016) , chief1_name =
Lord Carloway Colin John MacLean Sutherland, Lord Carloway (born 20 May 1954), is a Scottish advocate and judge who has served as the Lord President of the Court of Session and Lord Justice General since 2015. He was previously Lord Justice Clerk from 2012 ...
, chief1_position = Chairman , chief2_name = Eric McQueen , chief2_position = Chief Executive , chief3_name = , chief3_position = , chief4_name = , chief4_position = , chief5_name = , chief5_position = , chief6_name = , chief6_position = , chief7_name = , chief7_position = , chief8_name = , chief8_position = , chief9_name = , chief9_position = , parent_department = , child1_agency =
Judicial Office for Scotland The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, child2_agency = Office of the Public Guardian , child3_agency =
Office of the Accountant of Court The Office of the Accountant of Court is a public body which is a constituent part of the Supreme Courts of Scotland. The Accountant of Court is administered by the Scottish Courts and Tribunals Service. Based in Falkirk, the office of Accou ...
, website = , map = Scotland in the UK and Europe.svg , map_caption = Scotland in the UK and Europe , footnotes = , agency_type=
Non-ministerial government department Non-ministerial government departments (NMGDs) are a type of department of the United Kingdom government that deal with matters for which direct political oversight has been judged unnecessary or inappropriate. They are headed by senior civil se ...
, agency_name = Scottish Courts and Tribunals Service , logo_width = 110px The Scottish Courts and Tribunals Service (SCTS) is an independent
public body A statutory corporation is a government entity created as a statutory body by statute. Their precise nature varies by jurisdiction, thus, they are statutes owned by a government or controlled by national or sub-national government to the (in ...
which is responsible for the administration of the
courts A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
and tribunals of Scotland. The Service is led by a board which is chaired by 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 ...
, and employs over 1000 staff members in the country's 39 sheriff courts, 34
justice of the peace courts 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 ...
, the
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
and the
High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...
, and at the service's headquarters in
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
. The day-to-day administration of the service is the responsibility of its Chief Executive and Executive Directors. The Scottish Courts and Tribunals Service is also responsible for providing administrative services for the
Judicial Office for Scotland The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, the Office of the Public Guardian, the
Accountant of Court The Office of the Accountant of Court is a public body which is a constituent part of the Supreme Courts of Scotland. The Accountant of Court is administered by the Scottish Courts and Tribunals Service. Based in Falkirk, the office of Acc ...
, the Criminal Courts Rules Council, and the Scottish Civil Justice Council.


History

The Service was first established as the ''Scottish Courts Administration'' in 1995, as an
executive agency An executive agency is a part of a government department that is treated as managerially and budgetarily separate, to carry out some part of the executive functions of the United Kingdom government, Scottish Government, Welsh Government or Nort ...
of the
Scottish Office The Scottish Office was a department of the Government of the United Kingdom from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland. Following the e ...
. It was later renamed ''Scottish Court Service.'' In 1999, the Service became an agency of the Scottish Government after responsibility of the
courts A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
and
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 ...
were transferred under
devolution Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories h ...
. In common with the
Scottish Prison Service The Scottish Prison Service (SPS) is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions. The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible f ...
in the Scottish justice system, this ''arm's length approach'' was adopted to prevent direct ministerial involvement in the administration of justice. On 1 April 2010 it was re-established by section 60 of the
Judiciary and Courts (Scotland) Act 2008 The Judiciary and Courts (Scotland) Act 2008 is an Act of the Scottish Parliament passed in October 2008 to reform the courts of Scotland, to give statutory force to judicial independence, and to establish the Lord President of the Court of Sessio ...
as an independent body corporate governed by a Corporate Board and chaired by the Lord President, the head of the Scottish judiciary. On 1 April 2015, under 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 ...
, the Scottish Courts and Tribunals Service assumed the responsibilities of the former Scottish Court Service and Scottish Tribunals Service. Security and maintenance of SCTS buildings are provided by Servest who are a company that provides multi functions in building management. On 3 April 2018, the Glasgow Tribunals Centre opened to the public. The building houses all Tribunal teams based 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 popul ...
alongside Glasgow based teams of
Her Majesty's Courts and Tribunals Service His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice. It was created on 1 April 2011 (as Her Majesty's Courts and Tribunals Service) by the merger of Her Majesty's Courts Service and the Tribunals ...
. The building also contains bespoke hearing suites for
Her Majesty's Courts and Tribunals Service His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice. It was created on 1 April 2011 (as Her Majesty's Courts and Tribunals Service) by the merger of Her Majesty's Courts Service and the Tribunals ...
and The Scottish Courts and Tribunal Service.


Functions

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 resulted in the unification of the administration of the Court of Session, the High Court of Justiciary, Sheriff and
Justice 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 sa ...
courts. The Scottish Courts and Tribunals Service has the function of providing, or ensuring the provision of, the property, services, officers and other staff required for the purposes of all these courts (by virtue of section 61(1) of the 2008 Act). It has the responsibility of assisting the
Scottish judiciary 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 ...
(by virtue of section 61(1)(b) of the 2008 Act), and assists the Lord President in his role as head of the Scottish judiciary (section 62 of the 2008 Act). This is coupled with assisting the Criminal Courts Rules Council and th
Scottish Civil Justice Council
The Service is also responsible for the administration of the Office of the Public Guardian, based in Falkirk, and assists the
Accountant of Court The Office of the Accountant of Court is a public body which is a constituent part of the Supreme Courts of Scotland. The Accountant of Court is administered by the Scottish Courts and Tribunals Service. Based in Falkirk, the office of Acc ...
(sections 62 and 33 of the 2008 Act). Another consequence of the Act was the introduction of ''Fines Enforcement Officers''. With effect from 10 March 2008 these officers, staff of SCS, will bring a more proactive approach to fines enforcement. A total of 31 members of staff will have responsibility for making sure that fines are paid on time and if offenders fall into arrears with payment those staff will use a variety of means to secure payment. Special measures that may be used will include deductions from state benefits; arrestment of wages and/or funds contained in bank accounts and seizure (and subsequent sale) of vehicles. In cases where it becomes apparent that the offender genuinely cannot pay they will be provided with contact details for other Agencies that will be able to provide guidance and help in organising the offender's finances.


Leadership and administration


Board

The membership of the corporate Board of the Scottish Courts and Tribunals Service is determined by Schedule 3 of the Judiciary and Courts (Scotland) Act 2008, which stipulates that the following are members, ''ex officio'': * Lord President (''judicial member'') *
Lord Justice Clerk The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. Originally ''clericus justiciarie'' or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord ...
(''judicial member'') *
President of the Scottish Tribunals President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
(''judicial member'') * Chief Executive of the Service There are a further 5 judicial members, appointed by the Lord President to a maximum term of 4 years: * One
sheriff principal In Scotland a sheriff principal (''pl''. sheriffs 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 ce ...
* Two
sheriffs 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 transla ...
* One
justice 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 sa ...
* One Chamber President in the First-tier Tribunal for Scotland There are then 2 members of the legal profession, and 3 members from outside the legal system: * One
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, ...
* One
Law Society of Scotland The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the ...
* Three lay members. The first Scottish Court Service Board was appointed by the Lord President on 18 December 2009 and comprises a majority of judicial officeholders and legal practitioners, by virtue of Schedule 3 to the 2008 Act. The Board formally took up responsibility on 1 April 2010 and is responsible for developing the strategic direction and operational efficiency of the Service. In September 2012, the Board put forward a document for "consultation" that, if approved, would render it in breach of its statutory duty as covered by Section 61(2) of the Judiciary and Courts (Scotland) Act 2008. The response of the Scottish ministers is awaited.


Members of the Board

As of 23 April 2017 the members of the Scottish Courts and Tribunals Service Board were:


See also

*
Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
*
Her Majesty's Courts and Tribunals Service His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice. It was created on 1 April 2011 (as Her Majesty's Courts and Tribunals Service) by the merger of Her Majesty's Courts Service and the Tribunals ...
''(for courts and tribunals in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, and United Kingdom-wide tribunals.)'' *
Northern Ireland Courts and Tribunals Service The Northern Ireland Courts and Tribunals Service ( ga, Seirbhís Cúirte Thuaisceart Éireann; Ulster-Scots: ''Norlin Airlan Coort Service'') runs the courts of Northern Ireland. It is an agency of the Department of Justice for Northern Ireland. ...


References


External links

{{Authority control 1995 establishments in Scotland 1995 in British law Government agencies established in 1995 Organisations based in Edinburgh Non-ministerial departments of the Scottish Government