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Concept
Sheriff principal
Summary
In Scotland a sheriff principal (pl. sheriffs principal) (àrd-siorram) is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th century. Sheriffs principal were originally appointed by the monarch of Scotland, and evolved into a heritable jurisdiction before appointment was again vested in the Crown and the monarch of the United Kingdom following the passage of the Heritable Jurisdictions (Scotland) Act 1746.
Under the Sheriff Courts (Scotland) Act 1971 (as amended), each sheriff principal is appointed by the monarch of the United Kingdom on the advice of the First Minister of Scotland, who is advised by the Judicial Appointments Board for Scotland. As of May 2017 there were six sheriffs principal, each of whom has responsibility not only as a judge, but for the administration of justice in their respective sheriffdoms. Sheriffs principal have to ensure the effective running of the sheriff courts and justice of the peace courts within their jurisdiction. Following the passage of both the Courts Reform (Scotland) Act 2014 and the Judiciary and Courts (Scotland) Act 2008, sheriffs principal are subject to the authority and direction of the Lord President of the Court of Session as Head of the Judiciary of Scotland.
Sheriffs principal hold additional judicial offices, including the Sheriff Principal of Lothian and Borders who is Sheriff in Chancery, and President of the Sheriff Personal Injury Court. All of the sheriffs principal are Appeal Sheriffs and ex officio members of the Sheriff Appeal Court.
Outside their judicial office, each sheriff principal holds several other offices ex officio, including Commissioner of Northern Lighthouses and General Commissioner of Income Tax, with each sheriff principal having a ceremonial role in their respective sheriffdom that means they outrank all but members of the royal family and the Lord Lieutenant.
Official source
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Related concepts (8)
Scots law
Scots law (Lagh na h-Alba) is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom. Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel.
Sheriff court
A sheriff court (Cùirt an t-Siorraim) is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court.
Courts of Scotland
The courts of Scotland (Cùirtean na h-Alba) are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing.