HOME

TheInfoList



OR:

The courts of Scotland are responsible for administration of
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
in Scotland, under
statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
,
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
and equitable provisions within
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 ...
. The courts are presided over by 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 th ...
, who are the various judicial office holders responsible for issuing
judgments Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotl ...
, ensuring fair trials, and deciding on sentencing. 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 Edinburg ...
is the supreme civil court of Scotland, subject to
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s to the
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
, 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 Cour ...
is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on
devolution issues 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 ...
and
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
compatibility issues. The judiciary of Scotland, except the
Lord Lyon King of Arms The Right Honourable the Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new grants ...
, are united under the leadership and authority of the Lord President and Lord Justice General, who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, 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 ...
, to regulate
civil procedure Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kin ...
through passing
subordinate legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democr ...
knows as Acts of Sederunt, and the High Court of Justiciary has the authority to regulate
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail o ...
through passing
Acts of Adjournal An Act of Adjournal is secondary legislation made by the High Court of Justiciary, the Supreme court, supreme Criminal law, criminal court of Scotland, to regulate the proceedings of Scottish courts hearing criminal matters. Now primarily deriv ...
. Both Acts of Sederunt and Acts of Adjournal have the capacity to amend
primary legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democ ...
where it deals with civil or criminal procedure respectively. The majority of criminal and civil justice in Scotland is handled by the local sheriff courts, which are arranged into 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 r ...
s led by a
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 11 ...
. The sheriff courts have
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...
over all civil cases with a monetary value up to £100,000, and are able to try criminal cases both on
complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
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 offe ...
s, and with a jury 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.
Treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
,
murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
, and
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
are in the exclusive jurisdiction of the High Court of Justiciary, and whilst the High Court and sheriff courts have concurrent jurisdiction over
armed robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
,
drug trafficking A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inhalati ...
, and sexual offences involving children virtually all these cases are heard by the High Court. Administration for the courts is provided 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 ...
, a non-ministerial department of the Scottish Government. The Scottish Courts and Tribunal Service is operationally independent of the Scottish Ministers, and is governed by a corporate board chaired by the Lord President, and with a majority of judicial members. There are various specialist courts and tribunals with specialist jurisdictions, which are subject to the ultimate jurisdiction of either the Court of Session or High Court of Justiciary, including . Children under the age of 16 who face allegations of criminal conduct are dealt with through the
Children's Hearings A children's hearing is part of the legal and welfare systems in Scotland; it aims to combine justice and welfare for children and young people. As of 31 March 2020, 8,875 of Scotland's children were subject to a compulsory supervision order. ...
, which are
quasi-judicial A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, that can be a public administrative agency but also a contract- or private law entity, which has been ...
in nature. Disputes involving agricultural tenancies and
crofting Crofting is a form of land tenure and small-scale food production particular to the Scottish Highlands, the islands of Scotland, and formerly on the Isle of Man. Within the 19th century townships, individual crofts were established on the bett ...
are dealt with by the
Scottish Land Court 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 Scott ...
, and disputes about
private rights In the United States, a private right is one that a private citizen can vindicate in court. Compared to public rights, a citizen must be able to show that they have "sustained or is immediately in danger of sustaining some direct injury" and not tha ...
in
titles A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
for land ownership and land valuation are dealt with by the Lands Tribunal for Scotland.
Heraldry Heraldry is a discipline relating to the design, display and study of armorial bearings (known as armory), as well as related disciplines, such as vexillology, together with the study of ceremony, rank and pedigree. Armory, the best-known bran ...
is regulated in Scotland both by the civil and criminal law, with prosecutions taken before the
Court of the Lord Lyon The Court of the Lord Lyon (the Lyon Court) is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All ...
. Defunct and historical courts include the
Admiralty Court Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences. Admiralty courts in the United Kingdom England and Wales Scotland The Scottish court's earliest ...
, Court of Exchequer, district courts, and the High Court of Constabulary.


Background

The United Kingdom does not have a single judicial system —
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 En ...
have one system, Scotland another, and
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
a third. The Military Courts of the United Kingdom have jurisdiction over all members of the armed forces of the United Kingdom and
civilians subject to service discipline A civilian subject to service discipline is someone who, whilst not a member of the British Armed Forces, is nevertheless subject to some aspects of British military law and the military justice system. Categories The Armed Forces Act 2006 def ...
in relation to offences against military law. The
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
operates across all three separate jurisdictions, hearing some civil - but not criminal - appeals in Scottish cases, and determining certain
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 ...
and
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
issues.


Supreme Court of the United Kingdom

The
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
was created on 1 October 2009 by the
Constitutional Reform Act 2005 The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law L ...
. The Supreme Court will hear civil appeals from the Court of Session, and it hears appeals from all the civil and criminal courts of
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 En ...
and of
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
. The Supreme Court has no authority to hear appeals on criminal matters from the High Court of Justiciary. Until the creation of the Supreme Court, ultimate appeal lay to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
, a chamber of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
(though in modern practice only the Law Lords sitting in the Appellate Committee, rather than the whole House, heard appeals). The Supreme Court took over the
judicial functions of the House of Lords Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for Impeachment i ...
, and also assumed the jurisdiction over devolution and human rights issues vested in the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
. Cases involving "devolution issues" arising under the
Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
, as amended by the Scotland Act 2016, which includes disputes regarding the validity of Acts of 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 ...
or executive functions of the Scottish Government, are heard by the Supreme Court. These cases may reach the Court as follows: *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 Edinburg ...
may remit a case to the Supreme Court. *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 Cour ...
can refer a point of law to the Supreme Court. *The Law Officers of the Crown (namely the
Lord Advocate His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved p ...
,
Attorney General for England and Wales His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney G ...
, and
Advocate General for Scotland His Majesty's Advocate General for Scotland ( gd, Àrd-neach-tagraidh an Rìgh airson Alba) is one of the Law Officers of the Crown, whose duty it is to advise the Crown and His Majesty's Government on Scots law. The Office of the Advocate Genera ...
) may refer a
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pla ...
from 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 ...
to the Supreme Court. *Any court, if a Law Officer so desires, may refer a case to the Supreme Court. *Law Officers may refer any issue not related to a bill or case to the Supreme Court. *The parties to a case may appeal a case from the
Inner House of the Court of Session The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is ...
.


Civil courts


Court of Session

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 Edinburg ...
is the supreme civil court. It is both a
court of first instance 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 accorda ...
and a court of
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
, and sits exclusively in Parliament House 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 court of first instance is known as the
Outer House The Outer House (abbreviated as CSOH in neutral citations) is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted ...
, the court of appeal the Inner House.


Sheriff Appeal Court

The Sheriff Appeal Court is a national court with a jurisdiction over civil appeals from the Sheriff Courts, and replaces appeals previously made to the Sheriffs Principal. The Sheriff Appeal Court is a national court with a jurisdiction over appeals summary criminal proceedings, and bail decision in solemn procedure, from 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 originall ...
s. The Sheriff Appeal Court had its jurisdiction extended on 1 January 2016, by the Scottish Ministers through the commenced the provisions of the Court Reform (Scotland) Act 2014 to extended civil appeals to the Sheriff Appeal Court.


Sheriff Personal Injury Court

The
Sheriff Personal Injury Court The Sheriff Personal Injury Court is a Scottish court with exclusive competence over claims relating to personal injury where the case is for a work-related accident claim in excess of , where the total amount claimed is in excess of , or wh ...
is a specialist all-Scotland court with exclusive competence to hear cases, with and without a
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England d ...
, that relate to
personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (t ...
. The Personal Injury Court has
concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in th ...
with local sheriff courts, over
claims Claim may refer to: * Claim (legal) * Claim of Right Act 1689 * Claims-based identity * Claim (philosophy) * Land claim * A ''main contention'', see conclusion of law * Patent claim * The assertion of a proposition; see Douglas N. Walton * A ri ...
relating to personal injury where the case is for a work-related accident claim in excess of , or where the total amount claimed is in excess of . The choice of local sheriff court or the Personal Injury Court is left to the pursuer. However, where a sheriff believes the case is so complex as to require the specialist expertise of the personal injury sheriffs they can remit the case to the Sheriff Personal Injury Court. In Scotland, all monetary claims for amounts not in excess of are in the
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...
of the sheriff courts, with 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 Edinburg ...
having concurrent jurisdiction for amounts of more than . The Personal Injury Court was established by 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 the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015.


Sheriff Court

The Sheriff Court is the other civil court; this sits locally. The Court of Session and Sheriff Courts have a co-extensive jurisdiction for all cases with a monetary value in excess of £100,000, with the choice of court being given in the first place to the '' pursuer'' (the
claimant A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
), the majority of difficult or high-value cases in Scotland are brought in the Court of Session. Any final decision of a Sheriff may be appealed against. There is a right of appeal in civil cases to 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 cou ...
, and, with permission, to the
Inner House of the Court of Session The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is ...
.


Criminal courts


High Court of Justiciary

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 Cour ...
is the supreme criminal court. The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the former Sheriff Court buildings in the Lawnmarket in Edinburgh, in the Justiciary Buildings in the Saltmarket in Glasgow, and also sits from time to time in various other places in Scotland. As a court of appeal, it sits only in Edinburgh. Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two
judges A judge is an official who presides over a court. Judge or Judges may also refer to: Roles *Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc. *Judge, an alternative name/aviator call sign for a membe ...
sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction. There is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
, the highest court. Appeals under the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
and devolution appeals under the
Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
are heard by the Supreme Court of the United Kingdom (previously these were head by the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
).


Sheriff Appeal Court

The Sheriff Appeal Court is a national court with jurisdiction over appeals from summary criminal proceedings 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 originall ...
s, and from bail decision in solemn procedure at the sheriff court. The Sheriff Appeal Court was established on 22 September 2015 to deal with appeals against
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 cons ...
and sentence in summary proceedings before the deal with criminal appeals. The Bench generally comprises three Appeal Sheriffs when considering appeals against conviction, and two appeal sheriffs when considering appeals against sentence. A single Appeal Sheriff hears appeals against
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...
decisions made by a sheriff or justices of the peace. The criminal Court is based at the courthouse at Lawnmarket, Edinburgh, and will initially sit on two consecutive days each fortnight. Substantive criminal appeals will be heard on Tuesdays and appeals against sentence on Wednesdays.


Sheriff courts

The sheriff courts are the main criminal courts; they sits locally in sheriff courts throughout Scotland organised 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 r ...
s. The procedure followed may either be solemn procedure, where the Sheriff sits with a jury of fifteen; or summary procedure, where the sheriff sits alone in a
bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
. From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment or a fine, and in solemn cases 5 years imprisonment or an unlimited fine. A higher sentence in solemn cases may be imposed upon remittance of the case to 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 Cour ...
.


Justice of the Peace Courts

The
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 s ...
Court is a criminal court which sits locally under summary procedure, where the Justice sits alone or in some areas as a bench of three. Justices are lay magistrates who as advised by a legally qualified clerk, known as the legal adviser. The court handles a variety of minor common law crimes such as breach of the peace, theft and assault, as well as statutory offences such as vandalism, road traffic offences and other public order offences. The maximum penalty which can be imposed at this level is 60 days' imprisonment or a fine up to £2,500.


Specialist courts

Scotland has several courts with specialist jurisdictions.


Children's Hearings

The specialist system of
Children's Hearings A children's hearing is part of the legal and welfare systems in Scotland; it aims to combine justice and welfare for children and young people. As of 31 March 2020, 8,875 of Scotland's children were subject to a compulsory supervision order. ...
handles the majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland. These tribunals have wide-ranging powers to issue supervision orders for the person referred to them by the
Scottish Children's Reporter Administration The Scottish Children's Reporter Administration (SCRA) is an executive non-departmental public body of the Scottish Government, with responsibility for protecting children at risk. SCRA was formed under the Local Government (Scotland) Act 1994 ...
. Serious crimes, at the direction of the Procurator Fiscal, are still dealt with in the usual criminal courts.


Court of the Lord Lyon

The
Court of the Lord Lyon The Court of the Lord Lyon (the Lyon Court) is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All ...
, the standing court of heraldry and genealogy, is responsible for civil and criminal enforcement of
armorial bearings A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in it ...
and the right to use certain titles. It is headed by the
Lord Lyon The Right Honourable the Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new gra ...
, who is King of Arms and senior herald for Scotland.


Lands Valuation Appeal Court

The
Lands Valuation Appeal Court The Lands Valuation Appeal Court is a Scottish civil court, composed of 3 Court of Session judges. It hears cases where the decision of a local Valuation Appeal Committee is disputed. References See also * Judiciary of Scotland * Scots civil ...
is a Scottish civil court, composed of 3
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 Edinburg ...
judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879. It hears cases where the decision of a local Valuation Appeal Committee is disputed. The Senators who make up the Lands Valuation Appeal Court was specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both Lord Carloway ( Lord President) and Lady Dorrian ( Lord Justice Clerk) as members with a further four Senators specified.


Scottish Land Court

The
Scottish Land Court 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 Scott ...
has jurisdiction over disputes involving agricultural tenancies and crofting rights.


General Assembly of the Church of Scotland

Under the terms of the Church of Scotland Act 1921 the
General Assembly of the Church of Scotland The General Assembly of the Church of Scotland is the sovereign and highest court of the Church of Scotland, and is thus the Church's governing body.''An Introduction to Practice and Procedure in the Church of Scotland'' by A. Gordon McGillivray, ...
has sole jurisdiction over its own spiritual affairs, including matters of discipline.


Scottish tribunals

There are several specialist tribunals in Scotland which often have
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...
over cases relevant to their remit. They are subject to the oversight and ultimate authority of 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 Edinburg ...
, which can review decisions through either a final appeal or through
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. * Lands Tribunal for Scotland: title and land obligations * Scottish Charity Appeals Panel * Mental Health Tribunal for Scotland * Pensions Appeal Tribunals for Scotland * Scottish Solicitors' Discipline Tribunal


United Kingdom tribunals

There are several tribunals that have jurisdiction over either the whole
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
, or over
Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...
. Where these tribunals make an
adjudication Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the p ...
in Scotland they are subject to the oversight and ultimate authority of 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 Edinburg ...
, which can review decisions through either a final appeal or through
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. When making an Employment Tribunals makes a determination in Scotland it is subject to practice directions from the President of Employment Tribunals (Scotland), and operates under
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 ...
. These tribunals are administered by Her Majesty's Courts and Tribunals Service. In many cases there is a statutory right of appeal from a tribunal to either an upper tribunal or senior tribunal, or to the Court of Session: for example Employment Tribunal cases are appealed to the
Employment Appeal Tribunal The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decision ...
, which in turn allows appeals to the Court of Session. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal is an appeal to, or judicial review by, the Court of Session, which will often be more limited in scope than an appeal. *Tribunals **
Copyright Tribunal The Copyright Tribunal in the United Kingdom has jurisdiction over some intellectual property disputes under the Copyright, Designs and Patents Act 1988. The tribunal's principal task is adjudicating disputes between collective licensing agencies ...
**
Employment Tribunal Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, ...
**
Employment Appeal Tribunal The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decision ...
**
First-tier Tribunal The First-tier Tribunal is part of the courts and tribunals service of the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since t ...
** Investigatory Powers Tribunal ** Office of the Social Security Commissioners ** Special Immigration Appeals Commission ** Proscribed Organisations Appeal Commission **
Traffic Commissioners for Great Britain The Traffic Commissioners for Great Britain are responsible for the licensing and regulation of the operators of heavy goods vehicles, buses and coaches, and the registration of local bus services in Great Britain. History The Road Traffic Ac ...
** Upper Tribunal


Historical courts and tribunals


Bill Chamber

The
Bill Chamber The Bill Chamber was formerly a court of Scotland, court of Scotland, often considered as part of the Court of Session but in fact separate from it. It dealt with petitions for Bill of suspension, suspension (Appeal cases, appeal), Interdicts in S ...
was formerly a court of Scotland, often considered as part of 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 Edinburg ...
but in fact separate from it. It dealt with petitions for suspension (
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
),
interdict In Catholic canon law, an interdict () is an ecclesiastical censure, or ban that prohibits persons, certain active Church individuals or groups from participating in certain rites, or that the rites and services of the church are banished from ...
, sequestrations etc., and was the approximate equivalent to sittings ''
in camera ''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process wh ...
'' (in chambers) in
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
or
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, b ...
. The Bill Chamber was "under the same roof" as the Court of Session, but was a separate court or jurisdiction. Its history and function were discussed in the report of the Royal Commission on the Court of Session and the Office of Sheriff Principal (1927) which concluded "the usefulness of the Bill Chamber as a Court separate from the Court of Session no longer exists" and it was thus abolished by the
Administration of Justice (Scotland) Act 1933 The Administration of Justice (Scotland) Act 1933 is an act of the Parliament at Westminster legislating for Scotland which introduced changes in Scottish legal procedure "following the recommendations of a Royal Commission which reported in ...
. Some of its processes are now carried out by the Accountant in Bankruptcy.


Court of Exchequer

Until 1856, there was a Court of Exchequer in Scotland, which was established Exchequer Court (Scotland) Act 1707, pursuant to a requirement of the
Act of Union 1707 The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the t ...
which stated: The judges of the Court were the Barons of Exchequer who acted in both a judicial capacity, dealing with revenue cases, debts to the crown, seizure of smuggled goods and prosecutions for illicit brewing and distilling, and in an administrative capacity, mainly auditing accounts. The president of the Exchequer Court was known as the Chief Baron of Exchequer, and the initial president was the
Lord High Treasurer The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Acts of Union of 1707. A holder of the post would be the third-highest-ranked Great Officer of State ...
. The 1707 Act limited the numbers of Barons to 5. A separate Exchequer Court was abolished by the Exchequer Court (Scotland) Act 1856, and all of its powers were transferred to the Court of Session. With its abolishment no further Barons of Exchequer were appointed."The whole power, authority, and jurisdiction at present belonging to the Court of Exchequer in Scotland, as at present constituted, shall be transferred to and vested in the Court of Session, and the Court of Session shall be also the Court of Exchequer in Scotland":


District Court

District Courts are no longer in existence. They were introduced in 1975 and sat in each local council area under summary procedure only. The Scottish Government merged the management of the Sheriff and Justice of the Peace Courts (formerly known as District courts), retaining lay Justices. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enabled the Scottish Ministers to replace District Courts by "Justice of the Peace Courts"."The Scottish Ministers may by order establish courts of summary criminal jurisdiction to be known as justice of the peace courts." The process is concluded and all District Courts are now abolished and replaced with the new Justice of the Peace courts throughout Scotland, which have strengthened powers to allow more cases to be dealt with at this level.


High Court of Constabulary

The High Court of Constabulary was a court in Scotland presided over by the Lord High Constable of Scotland and deputes appointed by the Lord High Constable. Established in the late 13th century the Court was empowered to judge all cases of
riot A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people. Riots typically involve destruction of property, public or private. The property targete ...
ing,
disorder Disorder may refer to randomness, non-order, or no intelligible pattern. Disorder may also refer to: Healthcare * Disorder (medicine), a functional abnormality or disturbance * Mental disorder or psychological disorder, a psychological pattern ...
, bloodshed, and
murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
if such crimes occurred within four miles of the
King of Scots The monarch of Scotland was the head of state of the Kingdom of Scotland. According to tradition, the first King of Scots was Kenneth I MacAlpin (), who founded the state in 843. Historically, the Kingdom of Scotland is thought to have gro ...
, the King's Council, or the
Parliament of Scotland The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council o ...
. Following
James VI James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (disambiguat ...
's move 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 ...
, the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
of the Lord High Constable was defined in terms of the "resident place" appointed for the Privy Council.


Jury Court

In 1815, the Jury Trials (Scotland) Act 1815 created the Jury Court to allow certain civil cases to be tried by jury. The Jury Court was subordinate to 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 Edinburg ...
, and appeals were heard by the
Inner House of the Court of Session The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is ...
. In 1830 the Jury Court, along with the
Admiralty Admiralty most often refers to: *Admiralty, Hong Kong *Admiralty (United Kingdom), military department in command of the Royal Navy from 1707 to 1964 *The rank of admiral *Admiralty law Admiralty can also refer to: Buildings * Admiralty, Traf ...
and
Commissary A commissary is a government official charged with oversight or an ecclesiastical official who exercises in special circumstances the jurisdiction of a bishop. In many countries, the term is used as an administrative or police title. It often c ...
Courts, was absorbed into the Court of Session following the enactment of the
Court of Session Act 1830 A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
.


See also

* Office of the Accountant of Court


References


External links


Scottish Courts & Tribunals ServiceScottish GovernmentFaculty of AdvocatesLaw Society of ScotlandScottish Legal Aid BoardJudicial Appointments Board description of post of SheriffOrganisation of justice in Scotland
(pdf) {{DEFAULTSORT:Courts Of Scotland Judiciary of Scotland