Sheriff court in the context of "Procurator fiscal"

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⭐ Core Definition: Sheriff court

A sheriff court (Scottish Gaelic: 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 £100,000, 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. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh) has the ability to hear cases with a jury of twelve. Sheriff courts hear criminal trials on complaint as a bench trial for summary offences, and as a trial with a jury of fifteen for indictable offences. Where a person is convicted following a case heard on complaint they can be sentenced to a maximum of twelve months imprisonment and/or a £10,000 fine, and in solemn cases, 5 years imprisonment or an unlimited fine.

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👉 Sheriff court in the context of Procurator fiscal

A procurator fiscal (pl. procurators fiscal), sometimes called PF or fiscal (Scottish Gaelic: Neach-casaid a' Chrùin), is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland (similar to a coroner in common law systems), conduct fatal accident inquiries (a form of inquest unique to the Scottish legal system) and handle criminal complaints against the police (administrative complaints are handled by the Police Investigations and Review Commissioner). They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.

For the majority of crimes in Scotland, the procurators fiscal present cases for the prosecution in the sheriff and justice of the peace courts (and formerly district courts), and the case for the defence is presented either by the accused, a solicitor, or an advocate. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defender working for the Public Defence Solicitors' Office.

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Sheriff court in the context of Walter Scott

Sir Walter Scott, 1st Baronet (15 August 1771 – 21 September 1832), was a Scottish novelist, poet and historian. Many of his works remain classics of European and Scottish literature, notably the novels Ivanhoe (1819), Rob Roy (1817), Waverley (1814), Old Mortality (1816), The Heart of Mid-Lothian (1818), and The Bride of Lammermoor (1819), along with the narrative poems Marmion (1808) and The Lady of the Lake (1810). He greatly influenced European and American literature.

As an advocate and legal administrator by profession, he combined writing and editing with his daily work as Clerk of Session and Sheriff-Depute of Selkirkshire. He was prominent in Edinburgh's Tory establishment, active in the Highland Society, long time a president of the Royal Society of Edinburgh (1820–1832), and a vice president of the Society of Antiquaries of Scotland (1827–1829). His knowledge of history and literary facility equipped him to establish the historical novel genre as an exemplar of European Romanticism. He became a baronet of Abbotsford in the County of Roxburgh on 22 April 1820; the title became extinct upon his son's death in 1847.

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Sheriff court in the context of Sheriffdom

A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a resident or floating sheriff (a legally qualified judge). Sheriffs principal and resident or floating sheriffs are all members of the judiciary of Scotland.

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Sheriff court in the context of Scottish baronial

Scottish baronial or Scots baronial is an architectural style of 19th-century Gothic Revival which revived the forms and ornaments of historical architecture of Scotland in the Late Middle Ages and the Early Modern Period. Reminiscent of Scottish castles, buildings in the Scots baronial style are characterised by elaborate rooflines embellished with conical roofs, tourelles, and battlements with machicolations, often with an asymmetric plan.

Popular during the fashion for Romanticism and the Picturesque, Scots baronial architecture was equivalent to the Jacobethan Revival of 19th-century England, and likewise revived the Late Gothic appearance of the fortified domestic architecture of the elites in the Late Middle Ages and the architecture of the Jacobean era.

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Sheriff court in the context of Sheriff principal

In Scotland a sheriff principal (pl. sheriffs principal) (Scottish Gaelic: 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.

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Sheriff court in the context of Scots civil procedure

Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of the country's civil courts, namely the Court of Session and sheriff courts.

Civil procedure is regulated by Acts of Sederunt which are ordinances passed by the Court of Session. Rules for the functioning of the Court of Session were decided upon by the Court of Session Rules Council, which was instituted by the Administration of Justice (Scotland) Act 1933 and reconfirmed by the Court of Session Act 1988 and those for the Sheriff Court were agreed on by the Sheriff Court Rules Council, which is the body responsible for reviewing the Sheriff Court civil procedure under review. Primary legislation may also be enacted to regulate civil procedure, such as the Civil Evidence (Scotland) Act 1988 which removed requirements for corroborating evidence. However, rules for both the Court of Session and sheriff courts are now decided upon by the Scottish Civil Justice Council.

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Sheriff court in the context of Faculty of Advocates

The Faculty of Advocates (Scottish Gaelic: Dàmh an Luchd-tagraidh) is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constituent part of the College of Justice and is based in Edinburgh.

Advocates are privileged to plead in any cause before any of the courts of Scotland, including the sheriff courts and district courts, where counsel are not excluded by statute.

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