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Country code GB
Repository code 234
Repository National Records of Scotland
Reference JC26
Title High Court of Justiciary processes
Dates 1550-2008
Access status Restricted
Access conditions Processes within this series are exempt under Section 38 of the Freedom of Information (Scotland) Act 2002: Personal Information. As such it will not be available for public consultation for 100 years. To request access to it whilst the exemption is current, please contact the NRS Freedom of Information Officer. For further details please look in the Freedom of Information (FOI) section of our website or ask a member of staff.
Location Off site
Description Relating to papers that cover the whole of a case from beginning to end, otherwise known as 'processes'. Most of the papers are connected to cases appearing in the corresponding Books of Adjournal and Minute Books, but until c.1980s, they were not filed in the same sequence as the entries in the books. They include:

* dates of lodging (refers to the date when a case is first raised to the court)

* summonses (an order by a court that a person attend at a particular court at a stated time on a particular date)

* details of conviction (being found guilty of a criminal offence)

* examination of witnesses (the process of witnesses being asked questions relating to the case during a trial).

* productions (evidence, for instance: photographs, objects, medical reports etc., used to support a finding or argument during a trial).

* the steps in the appeal (the process of asking the court to overturn a lower court's decision. If the decision of a court is disputed it may be possible to ask a higher court to consider the case again by lodging an appeal).


These were originally know as 'small papers' because justiciary processes (i.e. criminal cases) were folded breadthwise, as distinct from the process of the court of session (i.e. civil cases), which were folded lengthwise.
Level Sub-Fonds
Accruals Annually in May when records are 10 years old
Creator name High Court of Justiciary
Archival history Description reviewed and refreshed 14/9/2020
 

National Records of Scotland, H.M. General Register House, 2 Princes Street, Edinburgh, EH1 3YY; tel +44 (0) 131 535 1314; email: historical_enquiries@nrscotland.gov.uk