A. The Establishment of the Court of Session (1532)
The Court of Session, founded in 1532 by King James V, is Scotland’s supreme civil court and remains one of the oldest continuous courts in the world.
- It was created to provide a centralized forum for civil justice, replacing fragmented and inconsistent local courts.
- The court was modeled partly on the Roman consilium system and included a judiciary of “lords of session,” professional judges who brought legal expertise.
- The Court of Session deals with civil matters such as contracts, property disputes, and family law.
B. The High Court of Justiciary: Criminal Justice
The High Court of Justiciary is Scotland’s supreme criminal court, responsible for serious crimes like murder, rape, and treason.
- Its origins trace back to medieval times, evolving from the king’s council and early royal courts.
- It conducts trials with juries and has the authority to impose sentences including imprisonment and capital punishment (historically).
Local Courts and Their Roles
A. Sheriff Courts
Sheriff courts have operated since the Middle Ages as regional courts dealing with both civil and criminal cases of less serious nature.
- Sheriffs were royal officials who presided over courts in counties (sheriffdoms).
- Today, sheriff courts remain the backbone of the Scottish judiciary, handling the majority of cases including family law, minor crimes, and civil disputes.
B. Justice of the Peace Courts
At the local level, Justices of the Peace preside over minor criminal matters and preliminary hearings. shutdown123