District Courts of Scotland

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Scots law

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Courts of Scotland

Administration

Scottish Government
Cabinet Secretary for Justice
Judicial Appointments Board
Scottish Court Service
College of Justice
Office of the Public Guardian
Scottish Criminal Cases Review Commission
Scottish Prison Service

Civil courts

Privy Council
House of Lords
Court of Session
Lord President
Lord Justice Clerk
Lords of Session
Office of the Accountant of Court
Sheriff Court
Sheriff

Criminal courts

High Court of Justiciary
Lord Justice-General
Lord Justice Clerk
Lords Commissioner of Justiciary
Sheriff Court
Sheriff Principal
Sheriff
District Court
Justice of the Peace

Special courts

Court of the Lord Lyon
Lord Lyon King of Arms
Scottish Children's Reporter Administration
Children's Hearings
Scottish Land Court
Lands Tribunal for Scotland

Criminal justice

Lord Advocate
Crown Office
Advocate Depute
Procurator Fiscal

Advocates and solicitors

Faculty of Advocates
Advocate
Law Society of Scotland
Solicitor-Advocate
Solicitor

A District Court is the lowest level of court in Scotland. It deals mainly with minor offences and they operate under summary procedure.

Contents

[edit] History

District courts were introduced in 1975 and sit in each local authority area under summary procedure only. introduced in 1975 as replacement for Burgh Police Courts (see Burgh); they deal with the most minor crimes. They are run by the local authorities. Each court comprises one or more Justices of the Peace (lay magistrates) who sit alone or in threes with a qualified legal assessor as convener or clerk of court.

[edit] Role

They handle many cases of breach of the peace, drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982.

District Court operate under summary procedure and may not impose a fine in excess of £2,500 or sentence an offender to more than 60 days in prison. In practice, most offences are dealt with by a fine.

[edit] Glasgow

In Glasgow where the volume of business requires the employment of four solicitors as "stipendiary magistrates" who sit in place of the lay Justices. The Stipendiary Magistrates' court has the same sentencing power as the summary Sheriff Court.[1]

[edit] Reform

The Scottish Government had announced its intention to unify the management of the Sheriff and District courts in Scotland, but retaining lay Justices. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enables the Scottish Ministers to replace District Courts by "Justice of the Peace Courts".[2]

[edit] References

  1. ^ The role, function and operation of District Courts within the court hierarchy in Scotland: About District Courts. City of Glasgow Council. Retrieved on 2007-12-10.
  2. ^ "The Scottish Ministers may by order establish courts of summary criminal jurisdiction to be known as justice of the peace courts." Section 59 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). Office of Public Sector Information. Retrieved on 2007-11-27.