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Introduction

The Court of Session, High Courts, Sheriff Courts and Justice of the Peace Courts are administered by the Scottish Court Service (SCS) which is an Executive Agency of Scottish Government. The Scottish Court Service is also responsible for the Office of the Public Guardian.

The Superior Courts

In Scotland, the Superior Courts consist of the Court of Session and the High Court of Justiciary. The Principal Clerk of Session and Justiciary is responsible for the administration of these courts. The Principal Clerk is based at Parliament House in Edinburgh. (Tel. 0131 225 2595)

The Court of Session

The Court of Session is the supreme civil court in Scotland and is situated at Parliament House in Edinburgh. It sits in an appeal capacity and also as a civil court dealing with disputes between people or organisations. These might involve cases relating to debt, damages, divorce and children. The principal judge is called the Lord President. Administrative functions are mainly dealt with by the General Department and the Petition/Extracts Department. (Tel. 0131 240 6742-4 and 0131 240 6747- 8)

The High Court of Justiciary

The High Court of Justiciary deals with criminal appeals and serious criminal cases. Trials are held before a judge and jury. In Scotland a jury consists of fifteen people who are selected for each trial by means of a ballot. People cited to attend for jury service are chosen randomly from the electoral roll. Although the Court is based in Edinburgh, trials are held in towns and cities throughout Scotland as a means of reducing inconvenience to witnesses, jurors and court users.

The principal judge is called the Lord Justice-General.

Administrative functions in relation to criminal matters are mainly dealt with by the Justiciary Office.


(Tel. 0131 240 2906 / 14)

The Accountant of Court's Office

The main duty of the Accountant of Court is to supervise and advise individuals who have been appointed by the Courts to look after the property of persons unable to do so themselves. The Accountant's office is at Parliament House, Edinburgh. (Tel. 0131 240 6758 / 60)

The Sheriff Court

For legal purposes Scotland is split into six regions called Sheriffdoms. Each Sheriffdom has a Sheriff Principal who in addition to hearing appeals in civil matters has responsibility for the conduct of the courts.
Within these Sheriffdoms there are a total of forty-nine Sheriff Courts varying in size and design but all serving the same purpose. Most cases are heard before a judge called a Sheriff. The work of the Sheriff Courts can be divided into three main categories, i.e. Civil, Criminal and Commissary, and is administered by local Sheriff Clerks and their staff. They can be contacted on the telephone numbers under court locations.

Justice of the Peace Courts

Until March 10, 2008, all district courts across the country were run by local authorities. From March 10, 2008 the Scottish Court Service is responsible for the administration of the former District Courts - now Justice of the Peace Courts (JP Courts) in the Lothian & Borders Sheriffdom. Similar changes are progressively being introduced throughout Scotland with Grampian, Highlands and Islands Sheriffdom scheduled to unify their administration in June. The timetable for the remaining Sheriffdoms can be confirmed as:

  • Glasgow - December 2008
  • Tayside, Central and Fife - February 2009
  • South Strathclyde, Dumfries & Galloway - June 2009
  • North Strathclyde - October 2009

Civil

Most civil business involves disputes between persons or organisations. Sheriff Courts deal with three different types of case:

  • Ordinary Actions which deal mainly with cases involving divorce, children, property disputes and debt/damages claims exceeding £5000.
  • Summary Causes which deal mainly with disputes involving rent arrears, delivery of goods and debts between £3000 and £5000.
  • Small Claims which is a fairly informal procedure for resolving minor disputes (mainly debts of less than £3000). These cases often proceed through the courts without the need to consult a solicitor.
In addition the Sheriff Court deals with many other civil applications and procedures including:
  • Adoption of children
  • Liquidation of companies
  • Club and gaming licence applications
  • Simplified divorces
  • Fatal accident inquiries
  • Bankruptcies
It is intended that this website will provide details of important judgments of the Sheriff Courts in civil cases, and when available these will be located in the opinions page. Decisions of the Sheriff in Fatal Accident Inquiries in which there has been significant public interest are available on this page, but only in relation to decisions issued after 4 March 1999.

Criminal

Sheriff Court criminal cases may be brought under either solemn or summary procedure. It is the responsibility of the Procurator Fiscal to decide which procedure should be followed for a particular case.

  • Solemn procedure is used in serious cases where the charge can attract a sentence in excess of three months in prison or a fine of more than £5,000. Trials are heard before a Sheriff sitting with a jury. If a Sheriff feels his or her sentencing powers are insufficient, the case may be remitted to the High Court.
  • Summary procedure is mainly used for less serious cases where a Sheriff hears a case without a jury. Although the Sheriff's sentencing powers are restricted to three months imprisonment there are occasions when this may be increased.
The Sheriff Clerk is responsible for all the administrative work in relation to civil and criminal procedures including:
  • Recovery of fines.
  • Compensation Orders
  • Issuing court orders such as those relating to Probation, Community Service, and Bail.
  • Citation and management of jurors.

Commissary

Commissary work deals mainly with the disposal of a deceased person's estate which may include the person's house, savings accounts, bonds, etc The power granted by the Court to allow an executor to ingather and distribute the estate is called Confirmation. This is only granted after an inventory of the deceased's estate is lodged in court.
If the estate has a gross value not exceeding £30,000 it is classed as a "Small Estate" and the person seeking Confirmation will be assisted in completing the appropriate form by the staff of the local Sheriff Clerk's Office.
If the value of the estate is in excess of £30,000 people seeking Confirmation will be advised to consult a solicitor.