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blue squareWHAT THE COURTS DO : SCOTLAND

THE COURT OF SESSION

The Court of Session is Scotland's supreme civil court and will hear cases such as contract, commercial cases, intellectual property disputes and judicial review. The Court is divided into the Outer House and the Inner House. The Outer House consists of 24 Lords Ordinary sitting alone or, in certain cases, with a civil jury. The Inner House is in essence the appeal court and presided over by the Lord President and the Lord Justice Clerk.

THE SHERIFF COURT

The Sheriff Court can hear all other criminal cases and in those more serious can impose up to 5 years' imprisonment or a fine of any amount. It is the local court and there are 49 Sheriff Courts across Scotland.

They also deal with the majority of civil cases although its jurisdiction at first instance is broadly the same as the Court of Session (see below). Civil matters dealt with in the Sheriff Court include debt, claims for compensation, contract disputes, family matters such as divorce, eviction, anti-social behaviour and various applications under statutes concerned with matters such as licensing, bankruptcy and steps relating to enforcement of debt.

In less serious cases the Sheriff decides without a jury whether the accused is guilty
or not.

TRIBUNALS

Tribunals cover 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.

THE HIGH COURT OF JUSTICIARY (THE HIGH COURT)

The High Court of Justiciary is Scotland's supreme criminal court. It has jurisdiction of the whole of Scotland over all crimes. It deals with the most serious crimes such as murder, rape, armed robbery, drug trafficking and serious sexual offences.

Cases are presided over by a single judge and tried by a jury of fifteen men and women. Cases are prosecuted by advocate deputes, who are advocates or solicitor-advocates appointed by the Lord Advocate.

JUSTICE OF THE PEACE COURT

This is a lay criminal court where a Justice of the Peace who is not legally qualified sits with a legally qualified Clerk and hears more minor cases. The clerk provides advice to the Justices on matters of law and procedure. Justice of the Peace Courts replaced former District Courts which were operated by local authorities.

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