The Sheriff Court Flashcards
What type of law is does the sheriff court deal with?
Both criminal and civil
Why is the sheriff court the most busiest?
It has a very wide jurisdiction and legal competency
Where can sheriff courts be found?
In every city and most town
what is a sheriff courts civil jurisdiction?
large but deals mostly with debt and divorce. Overlaps largely with the Court of Session
what is a sheriffs court criminal jurisdiction?
Deals with two thirds of criminal proceedings.Overlaps with high court and JP Court
How are sheriff courts organised
into 6 sheriffdoms based on the former local government regions
How many sheriff courts are there in total in Scotland?
49
What is the First Ministers role in relation to the sheriff court?
They decide how many sheriffs there shall be in each sheriffdom, and sheriff courts ofen have more than one
What do the regional sheriff clerk and sheriff clerk do
run it day to day
Give a brief history of the appointments of sheriffs
Sheriffs have always been a principle part of local law.. The office had become largely hereditary in the Middle Ages, but Sheriffs appointed deputes to do the work and they in turn appointed substitutes. A sort of three rank system. The heritability was abolished after the 1745 rebellion.
what is a ‘floating sheriff’
a sheriff that may be directed to sit anywhere in order to relieve pressure of business
what are the benefits of having ‘floating sheriffs’
they add flexibility to the system
what are honorary sheriffs
the role is honorary but may involve some judicial duties. They have the same power as normal sheriffs
The sheriff court may take any cases. What does this include?
contract, delict, property and divorce
as a civil court it takes different procedures. What do these include
‘small claims’
‘summary cause’
‘ordinary cause ‘
why are there different procedures for different cases
each case has a different level of complexity and value
why use summary application procedure
to the great variety of emergency and administrative applications under common law and legislation
in civil cases where do they appeal to
the inner house of the court of session
what are the limits to the jurisdiction of a sheriff court
has jurisdiction only over offences occurring within the sheriffdom
what punishment can a sheriff court impose for summary proceedings
up to twelve months imprisonment
fine of up to £5,000
what punishment can a sheriff court inflict for solemn proceedings
up to five years imprisonment
an unlimited fine
However, may remit High Court for heavier sentencing
