Sheriff officer
Encyclopedia
A sheriff officer is an officer of the Scottish
Sheriff Court
, responsible for serving documents and enforcing court order
s. The jurisdiction of a sheriff officer is limited to the area of their commission (the relevant sheriffdom
or Sheriff Court district), unlike messengers-at-arms
(the equivalent officers of the Court of Session
, who have jurisdiction throughout Scotland). Both messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by Act of Sederunt
.
Sheriff officers have been under the control of the local Sheriff
for centuries. The office of sheriff officer is thought to be one of the oldest in the Scottish legal system
, and may derive from the pre-feudal office of mair
(an official who attended a sheriff for arrestment or executions).
Section 60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 would have abolished the offices of messenger-at-arms and sheriff officer and replaced them by a new office of "judicial officer". Judicial officers would have held a commission from the Lord President of the Court of Session
under section 57 of the Act, granted on the recommendation of a Scottish Civil Enforcement Commission.. However on 30 January 2008 the Scottish Government announced as part of a package of public service reform that the Scottish Civil Enforcement Commission would not be established and that its functions would be discharged by existing organisations . The provisions of the 2007 Act were not brought into force, and are to be repealed by the Public Services Reform (Scotland) Act 2010.
In November 2010, the Scottish Government issued a consultation on the designation of a professional organisation for officers of court .
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...
Sheriff Court
Sheriff Court
Sheriff 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...
, responsible for serving documents and enforcing court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
s. The jurisdiction of a sheriff officer is limited to the area of their commission (the relevant sheriffdom
Sheriffdom
A sheriffdom is a judicial district in Scotland.Since 1 January 1975 there have been six sheriffdoms. Previously sheriffdoms were composed of groupings of counties...
or Sheriff Court district), unlike messengers-at-arms
Messenger-at-arms
A messenger-at-arms is an officer of the Scottish Court of Session, responsible for serving documents and enforcing court orders throughout Scotland. Messengers-at-arms must have a commission as a sheriff officer although, unlike sheriff officers, the jurisdiction of a messenger-at-arms is not...
(the equivalent officers 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....
, who have jurisdiction throughout Scotland). Both messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by Act of Sederunt
Act of Sederunt
Act of Sederunt in Scots law, is an ordinance for regulating the forms of judicial procedure before the Court of Session , Sheriff Courts in civil session, and for setting fees for Messengers-at-arms and Sheriff officers...
.
Sheriff officers have been under the control of the local Sheriff
Sheriff
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....
for centuries. The office of sheriff officer is thought to be one of the oldest in the Scottish legal system
Scots law
Scots 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...
, and may derive from the pre-feudal office of mair
Mair
Mair may refer to:* in the German language and Yiddish language, deriving from Latin maior*Mair is also a Welsh given name meaning Mary.People with the surname Mair in German context:*Paulus Hector Mair , an Augsburg civil servant...
(an official who attended a sheriff for arrestment or executions).
Section 60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 would have abolished the offices of messenger-at-arms and sheriff officer and replaced them by a new office of "judicial officer". Judicial officers would have held a commission from the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
under section 57 of the Act, granted on the recommendation of a Scottish Civil Enforcement Commission.. However on 30 January 2008 the Scottish Government announced as part of a package of public service reform that the Scottish Civil Enforcement Commission would not be established and that its functions would be discharged by existing organisations . The provisions of the 2007 Act were not brought into force, and are to be repealed by the Public Services Reform (Scotland) Act 2010.
In November 2010, the Scottish Government issued a consultation on the designation of a professional organisation for officers of court .