Oracle Law

Thursday, 17 May 2012

Scottish Legal System

The Court of Session

The Court of Session can trace its history back to 1425 when it was instituted by an Act of the Scottish Parliament. Permanent judges became a feature of the Court with the establishment of the College of Justice in 1532.

The Court of Session currently has a compliment of thirty four judges supplemented when the need arises by temporary Judges appointed by the Lord President. The court is located in Parliament House in Edinburgh.

The Court is divided into two houses, the Inner and Outer. The Inner House is split equally into two divisions the First and Second.

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Criminal Appeal Court

The High Court of Justiciary is the supreme criminal court of Scotland. It sits as both an appellate court and as a court of the first instance. It has jurisdiction over all criminal matters in Scotland. There is no right of appeal from the High Court sitting as an appeal court to the Supreme Court except in where the case raises matters of human rights. All criminal appeals are heard in Edinburgh at the Lawnmarket.

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The High Court of Justiciary

The High Court of Justiciary is the supreme criminal court of Scotland.

It sits as both an appellate court and as a court of the first instance. In other words, it will sit as a trial or an appeal court. The High Court has jurisdiction over all criminal matters in Scotland. There is no right of appeal from the High Court to the Supreme Court except where the case raises issues of human rights.

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The Sheriff Court

The title of Sheriff is an ancient one and can be traced back to late in the first millennium when King Ethelred made a law instituting jury trials by the shire reeve or Sheriff in England. In Scotland the office of Sheriff can certainly be traced to the reign of David I (1124-1153).

Originally the Sheriff's function was as a local administrator, military officer, tax collector and judge.

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The Supreme Court

The Supreme Court is the final court of appeal in the United Kingdom for civil cases. The Supreme Court hears cases of the greatest public or constitutional importance. The Supreme Court of the United Kingdom was established by the Constitutional Reform Act 2005 and came into being on 1 October 2009. It replaces the House of Lords in its judicial capacity and has assumed the jurisdiction of the House of Lords under the Appellate Jurisdiction Acts 1876 and 1888. The Supreme Court also has jurisdiction in relation to devolution matters under the Scotland Act 1998, the Northern Ireland Act 1988 and the Government of Wales Act 2006; this was transferred to The Supreme Court from the Judicial Committee of the Privy Council.

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