Sheriff Principal
Encyclopedia
The office of sheriff principal is unique within the judicial structure of Scotland
, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century. It has gradually developed over the centuries, and is still developing, into an office of some complexity and considerable weight.
s, as they were then known). Of those sheriffs principal two (Glasgow
and Edinburgh
) were effectively full-time appointments while the remainder were part-time appointments filled by senior advocates in practice at the Scottish Bar
. Over the years there was a gradual amalgamation of sheriffdoms, with a consequential diminution in the number of sheriffs principal. The final amalgamation occurred in 1975 when Scotland was divided into six sheriffdoms, with each one presided over by a full-time sheriff principal. That remains the position at the present time.
In terms of the Merchant Shipping Act 1995
all of the sheriffs principal are Commissioners of Northern Lighthouses and serve on the Northern Lighthouse Board
.
of the Court of Session
.
In terms of the Sheriff Courts (Scotland) Act 1971 sheriffs principal are charged with a number of duties in respect of the courts for which they are responsible, including in particular a duty “to secure the speedy and efficient disposal of business in the sheriff courts of that sheriffdom”.
established by King Edward VII
a sheriff principal, in his own sheriffdom, ranks in precedence immediately after the Royal family and the Lord Lieutenant
of the County. For that reason sheriffs principal are from time to time expected, and are occasionally commanded, to be present at Royal and other ceremonial functions within their sheriffdoms.
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...
, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century. It has gradually developed over the centuries, and is still developing, into an office of some complexity and considerable weight.
Numbers and amalgamation
Until about the middle of the 19th century there were 30 sheriffs principal (or sheriffSheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
s, as they were then known). Of those sheriffs principal two (Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
and Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
) were effectively full-time appointments while the remainder were part-time appointments filled by senior advocates in practice at the Scottish Bar
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
. Over the years there was a gradual amalgamation of sheriffdoms, with a consequential diminution in the number of sheriffs principal. The final amalgamation occurred in 1975 when Scotland was divided into six sheriffdoms, with each one presided over by a full-time sheriff principal. That remains the position at the present time.
Duties
The work of a sheriff principal is partly judicial and partly administrative, consisting broadly of the following:- conventional judicial duties in the Sheriff courtsSheriff CourtSheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
; - judicial and quasi-judicialQuasi-judicial bodyA quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.-Powers:...
work arising under various statutes; - administrative functions in relation to the courts within a sheriff principal’s sheriffdom;
- miscellaneous statutory functions including powers of appointment;
- other powers of appointment;
- statutory and other appointments and functions by virtue of holding office as sheriff principal;
- miscellaneous advisory and consultative functions;
- ceremonial functions.
In terms of the Merchant Shipping Act 1995
Merchant Shipping Act 1995
The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995.The Merchant Shipping Act 2006 amended section 178 of the Act...
all of the sheriffs principal are Commissioners of Northern Lighthouses and serve on the Northern Lighthouse Board
Northern Lighthouse Board
The Northern Lighthouse Board is the General Lighthouse Authority for Scotland and the Isle of Man. It is a non-departmental public body responsible for marine navigation aids around coastal areas.-History:...
.
Judicial functions
A sheriff principal sometimes sits in criminal courts or conducts major fatal accident inquiries. However, a sheriff principal is primarily an appellate judge who sits alone to determine appeals from the decisions of sheriffs in civil matters. An appeal lies from the sheriff principal to the Inner HouseInner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance...
of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
.
In terms of the Sheriff Courts (Scotland) Act 1971 sheriffs principal are charged with a number of duties in respect of the courts for which they are responsible, including in particular a duty “to secure the speedy and efficient disposal of business in the sheriff courts of that sheriffdom”.
Order of precedence
By virtue of an Order of PrecedenceOrder of precedence in Scotland
The order of precedence in Scotland was fixed by Royal Warrant in 1905. Amendments were made by further Warrants in 1952, 1958 and most recently in 1999 to coincide with the establishment of the Scottish Parliament and Scottish Government....
established by King Edward VII
Edward VII of the United Kingdom
Edward VII was King of the United Kingdom and the British Dominions and Emperor of India from 22 January 1901 until his death in 1910...
a sheriff principal, in his own sheriffdom, ranks in precedence immediately after the Royal family and the Lord Lieutenant
Lord Lieutenant
The title Lord Lieutenant is given to the British monarch's personal representatives in the United Kingdom, usually in a county or similar circumscription, with varying tasks throughout history. Usually a retired local notable, senior military officer, peer or business person is given the post...
of the County. For that reason sheriffs principal are from time to time expected, and are occasionally commanded, to be present at Royal and other ceremonial functions within their sheriffdoms.
See also
- Sheriff CourtSheriff CourtSheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
- Courts of ScotlandCourts of ScotlandThe civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
- Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
- Sheriff
- Senator of the College of JusticeSenator of the College of JusticeThe Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
External links
- Scottish Court Service
- Faculty of Advocates
- Law Society of Scotland
- Jurisdiction of Scottish courts
- Judicial Appointments Board
Sources
- Judicial Appointments Board description of post of Sheriff Principal
- Stair Memorial Encyclopaedia of the Laws of Scotland