Scottish Civil Court

By Louis & Rachel

Civil Courts

• There are 3 different types of courts

-Court of Session

-Sheriff Court

-Tribunal

The Court of Session

• The court of session is the supreme court in Scotland, based in Edinburgh.

• The court is the main court of appeal for most matters

• The matters the court deals with are similar to the Sherriff Court

• The final place to appeal a ruling by the Court of Session is the House of Lords.

Sheriff Court

• The Sheriff court is the local court and there are 49 sheriff courts in Scotland

• The court deals with the majority of civil cases.

• Matters dealt with in the sheriff court include debt, claims for compensation, contract disputes, family matters such as divorce, eviction and anti social behaviour.

Tribunals• Tribunals also sit in Scotland, covering a wide range of

subjects including employment, education, children's hearings, social security and tax. These tribunals sit in various locations across Scotland, though most cases are heard in the major centres of population, principally Edinburgh and Glasgow.

• Most of the tribunals are supervised by the Scottish Committee of the Administrative Justice and Tribunals Council, whose statutory role is to keep under review the constitution and working of tribunals operating in Scotland. Britain has an UNWRITTEN CONSTITUION

SummaryHouse of Lords

Hears appeals from the Court of Session

Court of Session

Outer House

Hears cases involving large sums of money e.g. damages, divorce.

Inner House

Hears appeals from Sheriff Court and Outer House

Sheriff Courts

Hears majority of civil cases e.g. small money claims, divorce, eviction, bankruptcy, licensing

Scottish Land Court

Settles disputes in agriculture and crofting

Tribunals

Settling employment, immigration, child welfare, property, ect disputes

Criminal Courts

Different Courts

• Justice of the Peace Courts- for minor matters such as speeding

• Sheriff Courts-for more important matters such as assault

• High Court of the Judiciary- for the most serious of crimes such as murder

More Detailed Explanation

Justice of the Peace Courts

• These used to be called District Courts. District Courts were often called a ‘Police Court’ because most District Courts are to be found in Police Stations. The judge in a District Court is called a Magistrate. Most magistrates are lay-Magistrates. This means that they are not paid. They are members of the public who volunteer to act as judges. District courts became Justice of the Peace Courts in 2007.

• These hearings are SUMMARY HEARINGS, meaning there is no jury

Sheriff Courts

• The Sheriff Courts deal with more serious cases than the Supreme Court. These are mostly Solemn hearings which means they are held in front of a jury.

• The Criminal decisions of the Sheriff Courts can be appealed to the High Court of Judiciary

High Court of Judiciary

• This is the supreme court for Scotland. It serves as the court of first instance for the most serious crimes – eg murder.

• The court is also used as a court of appeal.

• When used as a court the hearings are mostly SOLEMN, when used as a court of appeal the hearings are mostly SUMMARY

SummaryScottish Court of Criminal Appeal

Judges from the High Court of the Judiciary hear appeals.

High Court of the Judiciary

Most serious crimes e.g. murder, rape, armed robbery, drug dealing.

Solemn procedure with judge and jury.

Maximum Penalties- Unlimited Fine/Life imprisonment

Sheriff Courts

More serious offences e.g. Theft, assault, possession of drugs.

Summary procedure with Sheriff alone of solemn procedure with sheriff and jury

Maximum Penalties – Summary - £10,000 fine/12 months imprisonment

Solemn- Unlimited fine/3 years imprisonment

Justice of the Peace Courts

Minor Offences e.g. breach of the peace, petty theft, drunk and disorderly/

Summary procedure with Justice of the Peace (JP) alone. JP is not a lawyer, but has trained legal clerk for advice

Maximum Penalties- £2, 500 fine/60 days in prison