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GLOSSARY
The Court of Session
The Court of Session is the supreme civil court in Scotland and is situated at Parliament House in Edinburgh. It sits in an appeal capacity and also as a civil court dealing with disputes between people or organisations. These might involve cases relating to debt, damages, divorce or children. The principal judge is called the Lord President. Administrative functions are mainly dealt with by the General Department and the Petition/Extracts Department.
The High Court of Justiciary
The High Court of Justiciary deals with criminal appeals and serious criminal cases. Trials are held before a judge and jury. In Scotland a jury consists of fifteen people who are selected for each trial by means of a ballot. People cited to attend for jury service are chosen randomly from the electoral roll. Although the Court is based in Edinburgh, trials are held in towns and cities throughout Scotland as a means of reducing inconvenience to witnesses, jurors and court users. The principal judge is called the Lord Justice General.
Lord President
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge (and Senator) of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836.
Lord Justice Clerk
Deputy to the Lord President.
Sheriff
Analogous to a judge and sits in a second-tier court, called the Sheriff Court. A Sheriff is legally qualified. The Sheriff Court is a court of first instance for the majority of both civil and criminal cases.
Justice of the Peace ( JP)
A lay person who sits (with a legally qualified clerk) in judgement in a Justice of the Peace court. The maximum sentence that a JP may impose is 60 days imprisonment or a fine of £2,500.00.
Justice of the Peace ( JP) Court
District Courts are administered by local authorities. Justice of the Peace Courts were created by the Criminal Proceedings etc (Reform) (Scotland) Act 2007 and will replace District Courts on a phased basis. JP Courts are administered by the Scottish Court Service.
Stipendiary Magistrate
A full time, permanent legally qualified Judge who presides over a Stipendiary Magistrate's Court. Stipendiary Magistrates have the same powers as sheriffs sitting summarily. They may impose up to three months' imprisonment - or twelve months for a second or subsequent conviction - or a fine up to £10,000. Currently, only Glasgow has a Stipendiary Magistrate's Court.
Appeal Court
Any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.
Guideline judgements
Sentencing judgements issued by the Appeal Court.
Aggravating factors
Any circumstance attending the commission of a crime which increases its guilt or enormity or adds to its consequences, but which is above and beyond the essential constituents of the crime itself (e.g. racially or religiously aggravated offences).
Mitigating factors
Facts which reduce the gravity of an offence by reason of unusual or extreme elements leading up to or attending the commission of the offence.
Disposals
Sentences or otherwise decisions of the court to deal with an offender.
Community penalties
A sentence that does not consist of mandatory custody of the offender.
Common law
Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals, rather than through legislative statutes or executive action. The common law is created and refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent. The body of precedent is called "common law" and it binds future decisions.
Crown Office and Procurator Fiscal Service ( COPFS)
Provides an independent public prosecution service, investigates sudden and suspicious deaths and handles complaints against the Police in Scotland. The Service has extensive responsibilities in the investigation and prosecution of crime. It decides whether or not to start criminal proceedings, even if the accused has not yet been arrested or charged by the police, and the Crown is not required to give any reason for the decision.
Faculty of Advocates
An independent body of lawyers who have been admitted to practice as advocates before the courts of Scotland.
Law Society of Scotland
The professional governing body for Scottish solicitors.
Executive Non Departmental Public Body ( NDPB)
A category of public body. NDPBs are not an integral part of a government department and carry out their functions at arm's length from Ministers, although Ministers are ultimately responsible to Parliament for the activities of bodies sponsored by their department.
Executive NDPBs employ their own staff, who are not civil servants, manage their own budgets and carry out administrative, commercial, executive or regulatory functions. They often have a national remit and provide specialist advice to Ministers and others.
Scottish Court Service
The Scottish Court Service ( SCS) was formed in 1995 and is currently an agency of the Scottish Government. Its purpose is to provide the people, buildings and technology to support the operation of the Courts and the Office of the Public Guardian.
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