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Sheriffdom

From Wikipedia, the free encyclopedia
Judicial district in Scotland

Part of a series on
Scots law

Asheriffdom is a judicial district inScotland, led by asheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series ofsheriff 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 thejudiciary of Scotland.

History

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Before 1975

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Main article:Historical development of Scottish sheriffdoms

Sheriffdoms were originally identical to theshires of Scotland, originating in the twelfth century. Until the eighteenth century the office of sheriff was often hereditary, but this was ended following the unsuccessfulJacobite Rising of 1745. TheHeritable Jurisdictions (Scotland) Act 1746 (20 Geo. 2. c. 43) revested the government of the shires in the Crown, compensating those office holders who were displaced. TheSheriffs (Scotland) Act 1747 (21 Geo. 2. c. 19) reduced the office of sheriff principal to a largely ceremonial one, with a sheriff depute or sheriff substitute appointed to each "county, shire or stewartry".[1] The sheriff deputes, who were paid a salary by the Crown, were qualifiedadvocates and took charge of sheriff courts.[2] By the nineteenth century, the office of sheriff principal was an additional title held by thelord lieutenant of the county, and theCircuit Courts (Scotland) Act 1828 (9 Geo. 4. c. 29) redesignated sheriff deputes as simply "sheriffs".[3]

The Heritable Jurisdictions (Scotland) Act 1746 also began the grouping of two or more counties under a single sheriffdom. This process continued so that by 1975 there were 12 sheriffdoms with only the county ofLanarkshire not combined.

Since 1975

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New boundaries defined sheriffdoms in reference toregions, districts and islands areas which were then to be created on 16 May 1975.[4] This reduced the number of sheriffdoms to six.

The sheriffdoms were redefined again with effect from 1 April 1996, when newlocal government areas were created.[5] The boundaries of four sheriffdoms were unchanged. The boundaries of the other two were altered, so as to transfer an area aroundChryston from the sheriffdom of Glasgow and Strathkelvin to the sheriffdom of South Strathclyde, Dumfries and Galloway. Elsewhere boundaries were simply redefined by reference to new local authority areas and electoral wards.[6]

SheriffdomCounties comprised in sheriffdom from 1 January 1975Regions, Island areas and Districts comprised in sheriffdom from 16 May 1975Areas comprised in sheriffdom from 1 April 1996
Glasgow and StrathkelvinThat part of theCounty of Lanark comprising the sheriff court district of GlasgowThe districts of City ofGlasgow andStrathkelvinCity ofGlasgow, part ofEast Dunbartonshire (wards 11–26); and part ofSouth Lanarkshire (wards 62–74)
Grampian, Highland and IslandsThe counties ofInverness,Nairn,Ross and Cromarty,Moray,Caithness,Sutherland,Orkney,Zetland,Aberdeen,Kincardine andBanff; and that part of theCounty of Argyll comprised in the existing sheriff court district ofFort WilliamThe regions ofGrampian andHighland, the Islands areas ofOrkney,Shetland andWestern IslesAberdeen City,Aberdeenshire,Highland,Moray,Orkney Islands,Shetland Islands andWestern Isles
Lothian and BordersThe counties ofEast Lothian,Midlothian,West Lothian,Berwick,Peebles,Roxburgh andSelkirkThe regions ofLothian andBordersCity ofEdinburgh,East Lothian,Midlothian,West Lothian andScottish Borders
North StrathclydeThe counties ofRenfrew,Argyll (without the part comprised in the existing sheriff court district ofFort William),Dunbarton,Bute and that part of thecounty of Ayr comprising the sheriff court district ofKilmarnockThe districts ofArgyll and Bute,Dumbarton,Clydebank,Bearsden and Milngavie,Renfrew,Eastwood,Inverclyde,Cunninghame andKilmarnock and LoudounArgyll and Bute,North Ayrshire,West Dunbartonshire,Inverclyde,East Renfrewshire andRenfrewshire; part ofEast Ayrshire (wards 1-20); and part ofEast Dunbartonshire (wards 1–10)
South Strathclyde, Dumfries and GallowayThe counties ofDumfries,Kirkcudbright andWigtown; that part of thecounty of Ayr comprising the sheriff court district ofAyrThe region ofDumfries and Galloway; the districts ofMonklands,Cumbernauld,Hamilton,Motherwell,East Kilbride,Kyle and Carrick andCumnock and Doon ValleySouth Ayrshire,Dumfries and Galloway andNorth Lanarkshire; part ofEast Ayrshire, (wards 21–30) and part ofSouth Lanarkshire (wards 1-61)
Tayside, Central and FifeThe counties ofPerth,Angus,Stirling,Clackmannan,Fife andKinrossThe regions ofTayside,Central andFifeAngus,Clackmannanshire,Dundee City,Falkirk,Fife,Perth and Kinross andStirling

Each sheriffdom has a full-timesheriff principal. Sheriffdoms are divided intosheriff court districts, each with one or moresheriff.

Notes and references

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  1. ^Whetstone, Ann E. (1977). "The Reform of the Scottish Sheriffdoms in the Eighteenth and Early Nineteenth Centuries".Albion: A Quarterly Journal Concerned with British Studies.9 (1):61–71.doi:10.2307/4048219.JSTOR 4048219.
  2. ^"Guide to Sheriff Court Records".National Archives of Scotland. Retrieved14 September 2012.
  3. ^9 Geo.4 c.29 s,22 "Sheriff-Deputes may be addressed by the title of Sheriff without the term Depute being added."
  4. ^The Sheriffdoms Reorganisation Order 1974 S. I. 1974/2087 (S.191)
  5. ^The Sheriffdoms (Alteration of Boundaries) Order 1996 S. I. 1996/1006 (S.109)
  6. ^Explanatory note, The Sheriffdoms (Alteration of Boundaries) Order 1996
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