Justice of the Peace Court
Encyclopedia
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.
District courts
were introduced in 1975 as a replacement for Burgh Police Courts
and sat in each local authority area
under summary procedure
only. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enabled the Scottish Ministers to replace District Courts by "Justice of the Peace Courts".
The new Justice of the Peace Courts are managed by the Scottish Court Service
. Responsibility for the Courts was transferred from the local authorities in a rolling programme of court unification that concluded in February 2010. The District Courts were replaced by Justice of the Peace Courts as follows:
.
There is no precedence between Justices; all are equal. However, a minority of JP courts operate with a bench of three justices, as opposed to a sole justice, in which circumstances a chair is appointed by those sitting on that day. They are collectively represented by the Scottish Justices Association
, minor assault
s, petty theft
, and offences under the Civic Government (Scotland) Act 1982
.
JP courts have the power to sentence for imprisonment for any period not exceeding 60 days; a fine not exceeding level 4 on the standard scale
; to find caution (in lieu of or in addition to such imprisonment or fine) for good behaviour for any period not exceeding six months and to an amount not exceeding level 4 on the standard scale; or failing payment of such fine or on failure to find such caution, to impose imprisonment in proportion to the amount of the fine, etc. They also have the power to make the same orders following conviction as the sheriff court, such as a disqualification order under section 40 of the Animal Health and Welfare (Scotland) Act 2006
, and can disqualify a person from driving. Since these powers were enlarged in 2007, JP courts have been involved in increasingly serious cases, where their powers are considered appropriate. Their judgments can be appealed to the High Court of Justiciary
in the same way as any other criminal court.
Justices acting personally can have a role in signing duties, for example in granting search warrants and emergency child protection orders.
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
type of criminal
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
court in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. The court operates under summary procedure
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
and deals primarily with less serious criminal offences.
History
The commission of the peace was originally instituted in Scotland in the 16th century. Initially, justices were given the task of administering the county within which they resided until this work passed to the County Councils with their establishment in 1888. Justices of the peace were then left with jurisdiction in the licensing board and minor criminal cases.District courts
District Courts of Scotland
A District Court was the least authoritative type of criminal court in Scotland. The court operated under summary procedure and dealt primarily with minor criminal offences...
were introduced in 1975 as a replacement for Burgh Police Courts
Police burgh
A police burgh was a Scottish burgh which had adopted a “police system” for governing the town. They existed from 1833 to 1975.-The 1833 act:The first police burghs were created under the Burgh Police Act, 1833...
and sat in each local authority area
Subdivisions of Scotland
For local government purposes, Scotland is divided into 32 areas designated as "council areas" which are all governed by unitary authorities designated as "councils"...
under summary procedure
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
only. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enabled the Scottish Ministers to replace District Courts by "Justice of the Peace Courts".
The new Justice of the Peace Courts are managed by the Scottish Court Service
Scottish Court Service
The Scottish Court Service is the body which is responsible for the administration of the Court system in Scotland. The Service employs over 1000 staff members in Scotland's 49 Sheriff Courts, the Court of Session and the High Court of Justiciary, Justice of the Peace Courts and at the Service's HQ...
. Responsibility for the Courts was transferred from the local authorities in a rolling programme of court unification that concluded in February 2010. The District Courts were replaced by Justice of the Peace Courts as follows:
- Sheriffdom of Lothian and Borders, 10 March 2008
- Sheriffdom of Grampian, Highlands and Islands, 2 June 2008
- Sheriffdom of Glasgow and Strathkelvin, 8 December 2008
- Sheriffdom of Tayside, Central and Fife, 23 February 2009
- Sheriffdom of North Strathclyde, 14 December 2009
- Sheriffdom of South Strathclyde, Dumfries & Galloway, 22 February 2010
Judges
The individuals who sit in the Justice of the Peace Court are known as Justices of the Peace, Justices or JPs. Generally they are not legally qualified. A legally qualified person can become a Justice of the Peace, but cannot act in any proceedings in a Justice of the Peace court within their own Sheriffdom. Justices are appointed for a five-year renewable term by the Justices of the Peace Advisory Committees for each sheriffdom, acting on the basis of standards set by the Judicial Appointments Board for ScotlandJudicial Appointments Board for Scotland
The Judicial Appointments Board for Scotland is public body responsible for making recommendations on appointments to judicial offices in Scotland...
.
There is no precedence between Justices; all are equal. However, a minority of JP courts operate with a bench of three justices, as opposed to a sole justice, in which circumstances a chair is appointed by those sitting on that day. They are collectively represented by the Scottish Justices Association
Role
JP courts deal with many minor offences, including breach of the peaceBreach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
, minor assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
s, petty theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
, and offences under the Civic Government (Scotland) Act 1982
Civic Government (Scotland) Act 1982
The Civic Government Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters....
.
JP courts have the power to sentence for imprisonment for any period not exceeding 60 days; a fine not exceeding level 4 on the standard scale
Standard scale
The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of...
; to find caution (in lieu of or in addition to such imprisonment or fine) for good behaviour for any period not exceeding six months and to an amount not exceeding level 4 on the standard scale; or failing payment of such fine or on failure to find such caution, to impose imprisonment in proportion to the amount of the fine, etc. They also have the power to make the same orders following conviction as the sheriff court, such as a disqualification order under section 40 of the Animal Health and Welfare (Scotland) Act 2006
Animal Health and Welfare (Scotland) Act 2006
The Animal Health and Welfare Act 2006 is an Act of the Scottish Parliament. It received Royal Assent on 11 July 2006.The act consolidated, repealed and replaced many other pieces of legislation, such as the Protection of Animals Act 1934 and the Abandonment of Animals Act 1960.The act bans tail...
, and can disqualify a person from driving. Since these powers were enlarged in 2007, JP courts have been involved in increasingly serious cases, where their powers are considered appropriate. Their judgments can be appealed to the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
in the same way as any other criminal court.
Justices acting personally can have a role in signing duties, for example in granting search warrants and emergency child protection orders.