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Devolution issues are concerned with the legislative competence of the Scottish Parliament and the executive functions of the Scottish Government under the Scotland Act 1998. [ 15 ] [ 16 ] Such referrals are made to the Supreme Court of the United Kingdom under Schedule 6 of the Scotland Act 1998 or Section 288A of the Criminal Procedure ...
The Scottish Government merged the management of the sheriff and justice of the peace courts (formerly known as district courts), retaining lay justices. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enabled the Scottish Ministers to replace district courts by "justice of the peace courts". [ 31 ]
In 1999, the Service became an agency of the Scottish Government after responsibility of the courts and judiciary of Scotland were transferred under devolution. In common with the Scottish Prison Service in the Scottish justice system, this arm's length approach was adopted to prevent direct ministerial involvement in the administration of justice.
The Upper Tribunal for Scotland (UTfS) is a general appeal tribunal and superior court of record in Scotland.. It was created by the Tribunals (Scotland) Act 2014, which aimed to create a simplified structure for tribunals in Scotland.
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.
The Sheriff Appeal Court (Scottish Gaelic: Cùirt Ath-thagraidh an t-Siorraim) is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court.
— Scottish Government [7], Paragraph 133, Policy Memorandum, Courts Reform (Scotland) Bill Section 48 of the Courts Reform (Scotland) Act 2014 establishes the precedent of judgments in the Sheriff Appeal Court, so that when the Sheriff Appeal Court makes a decision on a question of law , it is binding in every sheriffdom for every sheriff ...
The Court of Session [a] is the highest national court of Scotland in civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascend