- The Sheriff Courts are the local court system in Scotland. The courts deal with a myriad of legal procedures which include:
- "solemn" and "summary" criminal cases.
- large and small estates upon a death.
- fine payments.
- civil actions under ordinary, summary cause and small claim procedures.
- adoption cases.
- bankruptcy actions.
- The courts are staffed by civil servants who are employed by the Scottish Court Service which is an executive agency of the Scottish Executive. The Scottish Court Service publishes an online map, lists of Sheriffs, and the rules of the court under different procedures.
- There are six Sheriffdoms in Scotland, each with a Sheriff Principal. Within each sheriffdom are sheriff court districts, each with a court presided over by one or more sheriffs.
- The most senior civil servant in each court is the Sheriff Clerk and he/she is charged directly with the management of the court.
- There are currently 49 Sheriff Courts in Scotland. Some, in rural areas of Scotland, are small due to the sparse population. Courts such as those in the cities of Edinburgh and Glasgow have a large number of staff and can in one day deal with hundreds of cases. Glasgow Sheriff Court, for example, is the busiest court in Europe.
- Any final decision of a Sheriff may be appealed. There is a right of appeal in civil cases to the Sheriff Principal, and in most cases onwards to the Court of Session. Criminal decisions are appealed to the High Court of Justiciary.
- Sheriffs have limited sentencing powers. Currently these are:
- up to 3 years imprisonment and/ or an unlimited fine in "solemn" cases.
- up to 6 month imprisonment and/ or a £5,000 fine for "summary" cases.
- If the court considers its sentencing powers to be insufficient, it can remit a case to the High Court.
- So far as civil procedure is concerned, there are different sets of rules for:
- small claims (payment of up to £750).
- summary causes (mostly eviction actions).
- ordinary causes (the rest).
|
