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The sheriff courts are the most important of the local courts in Scotland. They deal with criminal, civil, administrative and commissary matters. The earliest surviving sheriff court records date from the 16th century.
There are currently (2022) 37 sheriff courts in Scotland, arranged into 6 sheriffdoms. Each Sheriffdom is headed by a Sheriff Principal.
Criminal matters
Less serious criminal cases are tried using summary procedure, where they are heard by a Sheriff or Sheriff Principal sitting alone. More serious cases are tried using solemn procedure, where the Sheriff or Sheriff Principal sits with a jury. There are different limits to the custodial sentences or fines the Sheriff can impose in summary and solemn cases. Cases likely to incur higher penalties than these are heard by the High Court of Justiciary but if, at the end of a particular trial, a Sheriff feels that the case merits a higher sentence than he/she is able to give, they can to send it to the High Court of Justiciary for sentencing alone. Appeals against sentences imposed in the sheriff courts, against conviction, or on points of law, are also heard by the High Court.
Civil matters
The civil jurisdictions of the sheriff courts and the Court of Session largely overlap, and parties can choose whether to take their case to the sheriff court or direct to the Court of Session. The 2009 Report of the Scottish Civil Courts Review has recommended that this be changed to allow more efficient use of resources.
Sheriff courts deal with three main types of civil case:
1. Ordinary Actions - mainly cases involving divorce, children, property
disputes, debt or damages claims.
2. Summary Causes - mainly disputes over rent arrears, delivery of goods,
recovery of relatively small debts.
3. Small Claims - a relatively informal procedure for resolving minor
disputes.
Appeals normally go initially to the Sheriff Principal and, except in the case of small claims, can then go on to the Court of Session. Ordinary actions can also be appealed straight to the Court of Session.
Administrative matters
Sheriffs have always had important administrative as well as judicial duties. Some of these duties were accorded to sheriffs because they were the Crown's principal officers within their localities:
fatal accident inquiries
the adoption of children
the liquidation of companies
club and gaming licence applications
bankruptcies
control of burials and burial grounds
functions concerning roads and bridges
duties under Registration Acts
the confirmation of local authority bye-laws
extensions of burgh boundaries.
Commissary matters
Since 1876 (1836 for Edinburgh), the sheriff courts have undertaken the functions of the old commissary courts. This largely concerns issuing confirmations. A confirmation is legal document confirming that an executor has the authority to receive and distribute the estate of a person who has died.
History
The office of sheriff originates in the twelfth century in the reign of David I (1124-53). At this date sheriffs had administrative and military responsibilities (including the execution of royal writs and the collection of royal taxation) as well as judicial powers and were effectively the king's representatives in the localities. Early on, however, central government lost control and the office of sheriff became heritable (hereditary) in many jurisdictions. The inefficiency of the courts and the legal ignorance, corruption or partiality of the sheriffs and their deputes (deputies) were widespread and forced many to seek justice from central courts. The Scottish parliament sought repeatedly to tackle the shortcomings of the sheriff courts but their measures were generally without effect, disregarded by the sheriffs who could earn important income from the office in fees and bribes.
From 25 March 1748 the Heritable Jurisdictions Act, 1746 abolished all heritable jurisdictions, including heritable sheriffdoms. The act appointed 29 advocates (lawyers trained to appear in court), or 'sheriffs depute', who were required to be advocates of at least three years standing. Subsequent legislation further tightened up the legal qualifications, residence requirements and payment and tenure of the main officers, the sheriff depute, sheriff substitute and sheriff clerk. This conferred greater status and authority on the new sheriff courts which had wide civil and criminal jurisdiction. Many of the functions of the abolished franchise courts now fell to the sheriff courts.
Throughout the later 18th and 19th centuries both the civil and criminal jurisdiction of the court expanded: duties were delegated from and overburdened Court of Session, the responsibilities of the Commissary Court and the Admiralty Court were passed to the sheriff court on their abolition in 1823 (Sheriff Courts (Scotland) Act) and 1830 (Court of Session Act) respectively, and increasingly the powers of the Justice of the Peace courts and burgh courts were eroded in their favour.
Other extensions of jurisdiction have included:
-Powers in bankruptcy and matters of heritable rights (Sheriff Courts (Scotland) Act 1877).
-Jurisdiction over compensation from an employer to an employee injured in the course of the employment (Workmen's Compensation Act 1897)
-Authority to make adoption orders. This was given to the Court of Session or to the sheriff court within whose jurisdiction either the child or
the applicant resided. In practice, most cases are heard by sheriffs (The Adoption of Children (Scotland) Act 1930 and subsequent legislation)
-Divorce (Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983)
-Holding inquiries into fatal accidents or sudden deaths (Fatal Accident Inquiries (Scotland) Act 1895 and Fatal Accidents and Sudden Deaths
Inquiry (Scotland) Act 1906). |