The Inner House
This part of the 2 part system making up Court of Session in Scotland mainly deals with appeals from the Outer House, the Sheriff Court, the Court of the Lord Lyon and the Lands Tribunal for Scotland. Only in special cases does it stand as a court of first instance. Appeals are heard by at least 3 Senators, the chief justice is the Lord President, and judges in the Inner House do not sit with a jury. This part of the Court of Session has the ability to appeal cases to the House of Lords on more serious cases.
The Sheriff Court
The Sheriff Court is a court that sits locally in Scotland. There are Sheriffdoms located in six geographical areas throughout Scotland. The local government areas are Grampian Highland and islands; Tayside, Central and Fife; Lothian and Borders; Glasgow and Strathkelvin; North Strathclyde and Dumfries and Galloway. The court deals with serious criminal matters as well as civil cases. The pursuers are given the choice of which court they want their case dealt with and have the option of the Court of Session or the Sheriff court, however, most cases are settled in the Court of Session. The Sheriffs are qualified advocates or solicitors and the highest authority of the Sheriff Court is the Sheriff Principle. The court deals with more minor civil matters such as; divorce, custody disputes, adoption, debt, discrimination, bankruptcy and many more.
The High Court of Justiciary
The High Court of Justiciary is the supreme criminal court for Scotland, it was established in 1672 and acts both as a court of first instance and as a court of appeal. When sitting as a court of first instance, it sit in larger towns and cities,the Court deals mainly with the most serious crimes such as murder, rape, culpable homicide, etc. These cases are tried by a judge and a jury of at least 15 men and women.
When sitting as court of appeals, it sits only in Edunburgh and consists of at least 3 judges, when hearing an appeal of conviction and 2 judges when hearing sentencing appeals ,without a jury. Apart from decisions of the High Court of Justiciary that concern devolution there is no right of appeal for any other decisions. Devouloution cases can be appealed to the Privvy Council. The court is controlled by the Lord Justice General and the Lord Justice Clerk and they sit as chairpersons in the Courts of Criminal Appeal.
Cases in the High Court are prosecuted and defended by advocates who are appointed by the Lord Advocate.
Hierarchy and Appeals
Any involvement in a civil dispute gives the right for people to have their cases heard in the Court of Session. The Outer House handles cases such as:
- separation, divorce or dissolution of a civil partnership
- custody or aliment disputes
- adoption
The Outer House deals mainly with first instance cases of a civil nature. Appeals from the Outer House are typically brought to the Inner House by a reclaiming motion. More often than not appeals are heard on a point of law rather than the facts of the case.
Although they hear a small amount of first instance business cases, the Inner House is the senior house of the Court of Session and primarily an appeal court. It hears appeals from the Outer House of the Court of Session, Sheriff Courts and other tribunals. Appeals from the Inner House can be petitioned to the House of Lords to reverse the ruling and are commonly only obtainable on points of law.
The criminal division of the Sheriff Courts deal with more serious criminal cases than the district courts but the High Court of Justiciary deals with the most serious of cases. People involved in these kinds of crimes have the right to have their case heard in the Sheriff Court. Appeals from the Sheriff Courts go directly to the High Court. The maximum sentence for cases heard before a sheriff is a fine of £10,000 or 12 months in prison. The maximum sentence for cases heard before a sheriff and jury is 5 years in prison or an unlimited fine. Criminal cases heard in the Sheriff Court are:
- theft
- assault
- possession of drugs
- soliciting
- appeals from the Children's Hearing.
Appeals from the civil division of the Sheriff Court go to the Inner House, the main civil cases the Sheriff Court deals with are:
- separation, divorce or dissolution of a civil partnership
- custody or aliment disputes
- adoption
- claims for damages for carelessness
- tenant/landlord problems including evictions
- race, sex, sexual orientation, disability or religion discrimination cases
- debt
- money claims for broken agreements
- wills
- bankruptcy or liquidation
- registering clubs
- licensing
Any involvement in the above matters gives a person the right to have their case heard at the Sheriff Court.
The High Court of Justiciary is the final appeal court for all criminal cases, if you are unhappy with the decision of the Sheriff Court you can appeal to the High Court. A judge and a jury sit in on the most severe of criminal cases held in the High Court. Only a person involved in the most serious of crimes have the rights to be heard at the High Court of Justiciary. Examples of cases the High Court of Justiciary are:
- murder
- rape
- incest
- treason
- large scale fraud
If a person has any involvement in any kind of civil matter they have the right to take their case to the Court of Session or the Sheriff Court. If they are unhappy with the decision of the Outer House in the Court of Session or the Sheriff Court they have the right to appeal their case in the Inner House of the Court of Session.
Should an individual be involved in a criminal act their case can be heard at the Sheriff Court for a more minor crime such as theft, or the High Court of Justiciary for a more serious crime. The High Court has more power over sentencing and fines than the Sheriff Court therefore the more severe crimes are heard there.
Bibliography
Scots Law: A Student Guide, Busby; Clark; Paisley and Spink. 3rd Edition
The Scottish Legal System, White and Wilock
