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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.
During World War II the Administration of Justice (Emergency Provisions) (Scotland) Act 1939 provided that both civil and criminal juries would have seven members, of whom two would be special members, except for trials for treason or murder, or where a case in the High Court of Justiciary required the regular jury of fifteen on the "gravity of matters in issue".
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 ]
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.
[2] The Court of Session is the supreme Scottish civil court [3] but UK-wide courts can review decisions of great public or constitutional importance. Scots law is developed and interpreted by the courts of Scotland, particularly the supreme courts. Most civil law disputes will be resolved by the lower courts or tribunals.
The Scottish Government proposed increasing this limit to £150,000, but the final limit was set at £100,000 by Section 39 of the Courts Reform (Scotland) Act 2014. They also agreed with the establishment of the Sheriff Appeal Court to handle civil appeals from the sheriff courts of Scotland.