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"justiciary" Definitions
  1. (Scottish English) [countable] a judge or similar officer
  2. [uncountable] the process by which justice is doneTopics Law and justicec2
"justiciary" Synonyms
justicer justiciar judge justice magistrate adjudicator jurist bench beak court bailie justice of the peace sheriff surrogate deemster jurat recorder alcalde reeve chancellor Capital Justiciar Capital Justiciary Chief Justiciar Chief Justiciary judgeship judicature bar justices magistrates judicial branch courts tribunal judiciary judges assizes law court forum courtroom court of justice court of law court of inquiry legalist magisterial magistral judicial judgelike judicatory juridical jurisdictive juristic jurisdictional legal judge-like official forensic distinguished discriminating impartial lawful More
"justiciary" Antonyms
antinomian litigant plaintiff defendant accuser accused claimant complainant suer appellant suspect petitioner pursuer respondent

424 Sentences With "justiciary"

How to use justiciary in a sentence? Find typical usage patterns (collocations)/phrases/context for "justiciary" and check conjugation/comparative form for "justiciary". Mastering all the usages of "justiciary" from sentence examples published by news publications.

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The modern office unites the originally separate offices of Principal Clerk of Session (of the Court of Session) and Principal Clerk of Justiciary (of the High Court of Justiciary). The Crown Agent takes directions from the Principal Clerk of Justiciary when arranging sittings of the High Court of Justiciary.
In 1887 all of the Lords of Session were made Lords Commissioners of Justiciary, and thus judges of the High Court of Justiciary, following the passage of the Criminal Procedure (Scotland) Act 1887.
John of Strathbogie (c. 1266 – 7 November 1306) was warden and Justiciary of Scotland.
All Criminal decisions were formally appealed to the High Court of Justiciary, but as of 22 September 2015 appeals in summary cases and appeals against bail decisions go to the Sheriff Appeal Court with appeals from Solemn cases going to the High Court of Justiciary.
The Courts Act 1672 allowed for five of the Lords of Session to be appointed as Lords Commissioners of Justiciary, and as such becomes judges of the High Court of Justiciary. The High Court of Justiciary is the supreme criminal court of Scotland. Previously the Lord Justice General, the president of the High Court, had appointed deputes to preside in his absence. From 1672 to 1887, the High Court consisted of the Lord Justice General, Lord Justice Clerk, and five Lords of Session.
Francis Montgomerie of Giffen. Ogilvy was a Burgess of Edinburgh in 1696. In 1701 he was Commissioner Justiciary for the Highlands.
Dickson, J.W.; Dunbar, W.H. The Scottish Jurist. Michael Anderson, Edinburgh, 1833.The Court of Session Court of Justiciary. Oxford University Press, 1876.
Shaw, Patrick & Dunlop, Alex. (eds.) (1824). "Court of Justiciary: West Circuit: No.99". In Cases decided in the Court of Session 2.
Provisions were made for the appointment of officers of the High Court of Justiciary and the Court of Session and their superannuation arrangements.
In Scotland, a Red Mass is held annually each autumn in St. Mary's Cathedral in Edinburgh to mark the beginning of the Scottish Judicial year. It is attended by Catholic judges of the High Court of Justiciary, sheriffs, advocates, solicitors and law students all dressed in their robes of office. The robes of the Lords Commissioner of Justiciary are red faced with white.
During the period when the office of Lord Justice- General was held by noblemen the Lord Justice-Clerk was virtual head of the Justiciary Court.
Arbroath was the location of the Battle of Arbroath in 1446. A series of disagreements between the Chief Justiciary of Arbroath, Alexander Lindsay, third Earl of Crawford and Bishop James Kennedy of St Andrews resulted in Lindsay sacking the bishop's lands and burning his properties. Lindsay was excommunicated for his troubles and it was felt that this was incompatible with his role as Chief Justiciary.
Lord McEwan (Robin Gilmour McEwan) is a Scottish lawyer and former judge of the High Court of Justiciary and Court of Session, the country's Supreme Courts.
When the High Court of Justiciary was established in its modern form by the Courts Act 1672, the position of the Lord Justice Clerk was given a statutory basis. The Lord Justice-General was president of the Court, and the Justice-Clerk vice-president. During the period when the office of Lord Justice-General was held by noblemen the Lord Justice-Clerk was virtual head of the Justiciary Court.
The High Court of Justiciary sits as an appeal court in Edinburgh. The High Court, as a collegiate court, has the ability to convene a bench of greater numbers of Lords Commissioners of Justiciary to overturn decisions and precedent established by previous appeals. Such a decision is made by the High Court on its own initiative. It is possible for the entire High Court to sit in determination of an appeal.
If it is decided to refer a case, the case will be heard and determined by the High Court of Justiciary as if it were a normal appeal.
The High Court of Justiciary, the supreme criminal court, in Edinburgh The College of Justice includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, and the Auditor of the Court of Session.PDF-file - "The Supreme Courts are made up of: the Court of Session, the High Court of Justiciary and the Accountant of Court's Office" - Scottish Court Service, accessed 12 March 2007 Its associated bodies are the Faculty of Advocates, the Society of Writers to Her Majesty's Signet and the Society of Solicitors in the Supreme Courts of Scotland. The College is headed by the Lord President of the Court of Session, who also holds the title of Lord Justice General in relation to the High Court of Justiciary, and judges of the Court of Session and High Court are titled Senators of the College of Justice.
In 1830 the Court of Session Act 1830 united the offices of Lord President of the Court of Session and Lord Justice General, with the person appointed as Lord President assuming the office of Lord Justice General ex officio. In 1834 the five Lords of Session who were appointed as Lords Commissioners of Justiciary were paid an additional allowance of over their basic salary of . A Select Committee of the House of Commons was appointed to investigate the remuneration and working conditions of the Lords of Session and Lords Commissioners of Justiciary. The Select Committee recommended that all the Lords of Session should be made Lords Commissioners of Justiciary and that the additional allowance be abolished.
In 2005, he was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, the Supreme Courts of Scotland.
The Lord Justice General is the most senior judge of the High Court of Justiciary. The Lord Justice General will sit as chairperson in the Court of Criminal Appeal.
Between Bank Street and St Giles Street, marking the end of the Lawnmarket, the High Court of Justiciary, Scotland's supreme criminal court, is housed in what was formerly the Sheriff Court.
Originally named Waulcergait, the area was associated with wool production, in particular the fulling (Scots waulking) of the cloth. In the 18th century it became a fashionable residential district, close to the Merchant City. Court entrance the High Court of Justiciary at the Saltmarket The High Court of Justiciary buildings were constructed in 1814, but largely rebuilt in 1910–1913, with only the portico of the earlier building retained. It is now a category A listed building.
Sir Alexander Seton of Pitmedden, 1st Baronet, Lord Pitmedden (c. 1639 - 29 May 1719) was a Scottish advocate, a Senator of the College of Justice, a Lord of Justiciary, and a Commissioner.
The Courts Act 1672 (originally Act concerning the regulation of the judicatories) created the High Court of Justiciary by attaching five Lords of Session to the Lord Justice General and Lord Justice Clerk. The Act provided that "the judges of that court [...] regulate the inferior officers thereof, and order every other thing concerning the said court," a provision which remains in force and which created the distinction between Acts of Adjournal and Acts of Sederunt. In the 19th century, a reforming of the High Court of Justiciary made all Lords of Session ex officio Lords Commissioners of Justiciary. That reformation, while now repealed, is replicated by the Criminal Procedure (Scotland) Act 1995, which further provides that the Lord President of the Court of Session is to hold the office of Lord Justice General.
Section 2. It also provided that His Majesty's Advocate could move the trial to the High Court of Justiciary,Section 3. and that peers had the right to be tried by their peers.Section 4.
In 1672, the High Court of Justiciary was founded from the College of Justice as a supreme court of appeal.Anne-Marie Kilday, Women and Violent Crime in Enlightenment Scotland (Boydell & Brewer, 2007), , p. 29.
From May 2000 until March 2002 the High Court of Justiciary sat as the Scottish Court in the Netherlands to try Abdelbaset al-Megrahi and Lamin Khalifah Fhimah for the bombing of Pan Am Flight 103. The Pan Am Flight 103 bombing trial required a treaty between the Government of the United Kingdom and Government of the Kingdom of the Netherlands which created extraterritoriality for the Scottish Court, with Camp Zeist in Utrecht (a disused United States Air Force base) made a subject of Scots law. Legal effect was given to the treaty in the United Kingdom by the High Court of Justiciary Order 1998, an Order in Council. The order empowered the Lord Justice Clerk to appoint three Lords Commissioners of Justiciary to sit as bench trial as both trier of fact and for determining any points of law.
Matthew Gerard Clarke, Lord Clarke was a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session.
In 1849 he was appointed a lord of justiciary (taking the title of Lord Ivory), and served both in the Court of Session and the High Court of Justiciary until his retirement in October 1862. For several years before that date he was the senior judge of both courts. As a lawyer Ivory was distinguished by the subtlety of his reasoning, his minuteness of detail, and profound erudition. He was not a fluent orator, but in the early part of his career, when legal argument was conducted in writing, be obtained a high reputation.
By the Treason Act 1708, the Crown had the power to issue commissions of oyer and terminer in Scotland for the trial of treason and misprision of treason. Three Lords of Justiciary had to be in any such commission. An indictment for either of the offenses mentioned could be removed by certiorari from the court of oyer and terminer into the High Court of Justiciary. Commissions of oyer and terminer in Scotland have been exercised at various points in history, for example, the trial of Radicals during the "Radical War" of 1820.
The Session Cases report cases heard in the Court of Session and Scottish cases heard on appeal in the House of Lords. The Justiciary Cases report from the High Court of Justiciary. Those two series are the most authoritative and are cited in court in preference to other report series, such as the Scots Law Times, which reports sheriff court and lands tribunal cases in addition to the higher courts. The law reports service of Scotland is supplemented by other reports such as the Scottish Civil Case Reports and Green's Weekly Digest.
He became Solicitor General for Scotland in 1853, being succeeded by Robert Handyside, Lord Handyside. He served as a judge of the Court of Session from 1853 to 1858. From 1858 to his death, he was Lord of Justiciary, Scotland's supreme criminal court. Neaves lived the majority of his life in Edinburgh, but when associated with the Justiciary Court, he travelled to Glasgow thrice yearly and Lord Neaves (although elderly and almost without hearing capability by the 1875) acquired a reputation in Glasgow as a man of justice and evenness.
James Erskine (circa 1750) James Erskine, Lord Grange (167920 January 1754) was a Scottish advocate, judge and politician. He served as Lord Justice Clerk and a Lord of Justiciary. The son of Charles Erskine, Earl of Mar, by his spouse Lady Mary, eldest daughter of George Maule, 2nd Earl of Panmure, he was also brother of John Erskine, 6th Earl of Mar. Educated as an advocate, he was raised to the bench on 18 October 1706. He was nominated a Lord of Justiciary in place of Lord Crocerig on 6 June the same year, and took the title Lord Grange.
Clerks of court can be found at every level of the Courts of Scotland, with a legally qualified clerk acting as legal adviser to justices of the peace in justice of the peace courts. In the sheriff courts the clerk is known as a sheriff clerk, and the sheriff clerks are responsible for the administration and running of all cases in the court. Clerks also support and administer the Court of Session and High Court of Justiciary, with the Principal Clerk of Session and Justiciary responsible for the administration of the Supreme Courts of Scotland and for directing their associated staff.
High Court of Justiciary in Edinburgh Following the Criminal Appeal (Scotland) Act 1926 (16 & 17 Geo. V), when the Scottish High Court of Justiciary hears criminal appeals, it is known as the Court of Criminal Appeal. The Criminal Appeal (Scotland) Act 1927 was passed the following year specifically to deal with the Case of Oscar Slater. The court consists of at least three judges when hearing appeals against conviction and two when hearing appeals against sentence, although more judges may sit when the court is dealing with exceptionally difficult cases or those where important matters of law may be considered.
The Crown Agent is the principal legal advisor to the Lord Advocate on prosecution matters. He or she also acts as Chief Executive for the Department and as solicitor in all legal proceedings in which the Lord Advocate appears as representing his or her own department. They issue general instructions for the guidance of Crown counsel, procurators fiscal, sheriff clerks and other public officials; transmits instructions from Crown counsel to procurators fiscal about prosecutions; and in consultation with the Clerk of Justiciary, arranges sittings of the High Court of Justiciary. At trials in the High Court in Edinburgh, they attend as instructing solicitor.
The High Court of Justiciary – the supreme criminal court of Scotland Scots law is a hybrid system based on both common-law and civil-law principles. The chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases. The Supreme Court of the United Kingdom serves as the highest court of appeal for civil cases under Scots law. Sheriff courts deal with most civil and criminal cases including conducting criminal trials with a jury, known as sheriff solemn court, or with a sheriff and no jury, known as sheriff summary Court.
The Crown Agent is the principal legal adviser to the Lord Advocate on prosecution matters. He also acts as Chief Executive for the Department. He acts as solicitor in all legal proceedings in which the Lord Advocate appears as representing his or her own department. He issues general instructions from and on behalf of the Lord Advocate for the guidance of Crown counsel, procurators fiscal, sheriff clerks and other public officials, transmits instructions from Crown counsel to procurators fiscal about prosecutions, and, subject to the direction of the Principal Clerk of Justiciary, arranges sittings of the High Court of Justiciary.
The Courts Act 1672 (originally Act concerning the regulation of the judicatories) created the High Court of Justiciary, the supreme criminal court of Scotland, by attaching five of the Lords of Session to the Lord Justice General and Lord Justice Clerk. The Courts Act also provided that "the judges of that court [...] regulate the inferior officers thereof, and order every other thing concerning the said court," and so created the distinction between Acts of Sederunt and Acts of Adjournal which continues to exist to this day. Following a 19th-century reforming of the High Court of Justiciary, all Lords of Session were ex officio Lords Commissioners of Justiciary, instead of the original five ordained by the Courts Act. Although that reformation was repealed, its effect was replicated by the Criminal Procedure (Scotland) Act 1995, which provided that the Lord President of the Court of Session was also to hold the office of Lord Justice General.
After the death of Sir Gilbert Elliot in 1718, Pringle was made a judge. On 6 June in that year he took his seat, with the title of Lord Newhall, was knighted at the same time, and was made a lord of justiciary.
He then moved to Bavaria and served in various positions in the Bavarian justiciary (1903 clerk in the Bavarian Ministry of Justice, 1904 prosecutor in Straubing, 1905 Gewerberichter in Munich) before moving into public administration. In 1903, Gessler married Maria Helmschrott (died 1954).
Founded by papal bull in 1532, the Court of Session is the supreme civil court of Scotland, and the High Court of Justiciary is the supreme criminal court. However, the absolute highest court (excluding criminal matters) is the Supreme Court of the United Kingdom.
Edinburgh and Leith Post Office directory 1832-3 In December 1830 he was made a Lord of Justiciary. He resigned that appointment in May 1849, retired from the bench in October 1852, and died in Edinburgh, 25 July 1854. He was a committed Episcopalian.
Decisions of the Sheriff Appeal Court may only be appealed to the High Court of Justiciary with the permission of the High Court. To be eligible for appointment as an appeal sheriff a person must have served at least 5 years as a sheriff.
He became Clerk of the Justiciary in 1783. In 1783 he was a co-founder of the Royal Society of Edinburgh. He served as the Society's Vice President from 1816 until 1846. In 1789 on the death of his father, he inherited the baronetcy.
At the High Court of Justiciary prosecutions are brought by the Crown Office, who are represented in Court by Advocates Depute. Advocates Depute are either advocates or solicitor-advocates to whom rights of audience in the High Court have been given by that Court.
The Lord President is chief justice of the court, and also head of the judiciary of Scotland; the Lord Justice Clerk is his deputy. There are 35 Senators, in addition to a number of temporary judges; these temporary judges are typically serving sheriffs and sheriffs principal, or advocates in private practice. The Senators sit also in the High Court of Justiciary, where the Lord President is called the Lord Justice General, and Senators are known as Lords Commissioners of Justiciary. The court is divided into the Inner House of twelve Senators, which is primarily an appeal court, and the Outer House, which is primarily a court of first instance.
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); Lords Commissioners of Justiciary (judges of the High Court of Justiciary); and the Chairman of the Scottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the term, Senator, is almost exclusively used in referring to the judges of these courts. Senators of the college use the title Lord or Lady along with a surname or a territorial name.
The Crown Office and Procurator Fiscal Service (COPFS) provides independent public prosecution of criminal offences in Scotland (as the more recent Crown Prosecution Service does in England and Wales) and has extensive responsibilities in the investigation and prosecution of crime. The Crown Office is headed by the Lord Advocate, in whose name all prosecutions are carried out, and employs Advocates Depute (for the High Court of Justiciary) and Procurators Fiscal (for the Sheriff Courts) as public prosecutors. Private prosecutions are very rare in Scotland and these require "Criminal Letters" from the High Court of the Justiciary. Criminal Letters are unlikely to be granted without the agreement of the Lord Advocate.
The Scottish Sentencing Council has the authority to produce guidelines for approval by the High Court of Justiciary, that will guide judges, sheriffs, and justices of the peace on the sentences they should pass on a convict in Scotland. All sentencing guidelines are submitted to the High Court of Justiciary for approval, and the High Court may approve, amend, or reject the guidelines produced by the Council. Such guidelines are also subject to the authority of the Court of Criminal Appeal or Sheriff Appeal Court who retain the power to issue guideline judgments that are binding on the courts of Scotland, and require the Council to review its guidelines.
Senators of the College of Justice are Scotland's senior judges; they sit in both the Court of Session (Scotland's top civil court) and the High Court of Justiciary (Scotland's top criminal court). Judicial robes in the Court of Session are dark red, faced with red crosses (a stylised representation of what were once ribbons used to fasten the gown). Judicial robes in the High Court of Justiciary are predominantly white and red, faced with red crosses over the white. The white and red robe of the Lord Justice Clerk is differentiated by many small perforations in the white satin, through which the red cloth shows giving an ermine-like impression.
In Scots law, all common law offences other than those within the exclusive jurisdiction of the High Court of Justiciary (i.e. murder, treason, rape and breach of duty by magistrates)Criminal Procedure (Scotland) Act 1995, section 3 can be tried either summarily in the justice of the peace courts or Sheriff Courts, or on indictment in the High Court of Justiciary or Sheriff Court. For statutory offences, the statute will provide whether the offence is triable summarily, on indictment, or both. The choice of forum is a matter for the Lord Advocate and procurator fiscal, and is determined in a process known as marking.
A person who is refused bail can appeal against the refusal to either the Sheriff Appeal Court for summary proceedings in the Sheriff Courts and Justice of the Peace Courts and solemn proceedings in the Sheriff Courts, or to the High Court of Justiciary when a case is on trial there. The High Court of Justiciary has final authority to decide all bail decisions, and will decide on bail appeals for cases before the High Court on first instance. A Procurator Fiscal or Advocate Depute can request the High Court to review any bail decision where they believe that bail should not have been granted.
Formal judicial training started in Scotland in 1997 with the establishment of the Judicial Studies Committee, which initially dealt with training for the Court of Session, High Court of Justiciary, and sheriff courts. In 2007 it took on responsibility for the training of justices of peace.
Private prosecutions are rare in Scots law and require special circumstances surrounding the crime to be evident. Leave to prosecute must be obtained by granting of a bill of criminal letters by the High Court of Justiciary. Within the 20th century, only two such prosecutions were made.
The submission, therefore, may have been a means by which Rǫgnvaldr attempted to release himself from Norwegian overlordship.Power (2005) p. 40; Johnsen (1969) p. 23. On 23 September 1220, Henry III commanded that the Irish justiciary and baronage should lend assistance to Rǫgnvaldr against his enemies.
Kenneth Hilton Osborne, Lord Osborne PC was a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session. Appointed in 1990, he was Scotland's longest-serving judge.
Cunningham was the only son of William Cunningham of Boquhan and his first wife Margaret Erskine, daughter of David Erskine, 2nd Lord Cardross. He was Commissioner justiciary for Highlands in 1701 and 1702. By 1708, he married Jean Lennox daughter of John Lennox of Woodhead, Campsie, Stirling.
The High Court of Justiciary as a Court, or the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary as a body, have the power to regulate criminal procedure in the criminal courts in Scotland: regulations can be made for the High Court, sheriff courts (summary and solemn procedures), and the justice of the peace courts. Such regulations are promulgated by Acts of Adjournal, which take the form of subordinate legislation as Scottish Statutory Instruments, under powers granted by Section 305 of the Criminal Procedure (Scotland) Act 1995. Schedule 6 of the Scotland Act 1998 also grants that Acts of Adjournal can be used to regulate the procedure for referring a question of law relating to a devolution issue to either the High Court or the Supreme Court of the United Kingdom. Section 305 of the 1995 Act states: Thus the Lord Justice General, Lord Justice Clerk, and Lords Commissioners of Justiciary have the power to modify and amend primary legislation, where that primary legislation deals with a matter of criminal procedure.
William Austin Nimmo Smith (6 November 1942) is a former Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session. He retired from this position on 30 September 2009.
The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service. The second most senior judge is the Lord Justice Clerk, and the other judges are called of the College of Justice are called Senators. When sitting in the Court of Session Senators are known as Lords of Council and Session and when sitting in the High Court of Justiciary they are known as Lords Commissioners of Justiciary. There are also some temporary judges who carry out the same work on a part-time basis.
The Scottish Sentencing Council is an advisory non-departmental public body in Scotland that produces sentencing guidelines for use in the High Court of Justiciary, sheriff courts and justice of the peace courts. Judges, sheriffs, and justices of the peace must use the guidelines to inform the sentence they pronounce against a convict, and they must give reasons for not following the guidelines. The Scottish Sentencing Council was established by the Scottish Ministers on 19 October 2015 under powers granted by the Criminal Justice and Licensing (Scotland) Act 2010. All sentencing guidelines are submitted to the High Court of Justiciary for approval, and the High Court may approve, amend, or reject the guidelines produced by the Council.
Sir Archibald Stewart of Blackhall, Laird of Ardgowan had applied to the Privy Council for a Royal Enquiry into the practice of witchcraft in the Inverkip area. During this later period of witch persecution the right to assemble a number of commissions of justiciary was granted by the Privy Council to gentlemen in every county. The enquiries preceding the commissions of justiciary were supplementary to the regular enquiries instituted by the State and Church. The Royal Enquiry relevant to Marie Lamont appointed a commission of nine men, one of whom was Sir Archibald Stewart the Sheriff Depute of Perth- a man who was probably a relative of Sir Archibald Stewart the Younger of Blackhall.
In exceptional circumstances, a person may petition the Scottish Criminal Cases Review Commission, who have the authority to refer an appeal back to the High Court of Justiciary, if the Commission determine that a miscarriage of justice has or might have occurred. Under Section 35 of the Scotland Act 2012, the High Court as an Appeal Court will also hear referrals on human rights compatibility issues from the Sheriff Appeal Court, sheriff courts, and from cases being heard at first-instance by a single Lord Commissioner of Justiciary. The High Court can then make a determination on that issue, or it can refer the matter to the Supreme Court of the United Kingdom.
Andrew Crosbie of Holm FRSE FSA (Scot) (1736-1785) was a Scottish lawyer and antiquarian, and a notable figure of the Scottish Enlightenment. He was a close friend and companion of James Boswell and co-wrote the legal song The Justiciary Opera, sung by generations of Scottish advocates, with him.
Courts of law, Citizens Advice Bureau, Retrieved 2011-11-24 Appeals against summary convictions and summary sentences are heard by the Sheriff Appeal Court, and decisions of the Sheriff Appeal Court can only be appealed with leave to the High Court of Justiciary and then only on questions of law.
An issue can be referred to the Supreme Court either by the Lords Commissioners of Justiciary who are presiding, the Lord Advocate, or the Advocate General for Scotland. Though where two or more Lords Commissioners are presiding they may determine the human rights issue without referral to the Supreme Court.
He was Member of Parliament for Elgin Burghs from 1747 to 1754, and carried bills for the abolition of heritable jurisdictions, wardholding and for annexation of forfeited estates to the Crown. He was appointed a Lord of Session and Justiciary as Lord Prestongrange in 1754, and a Commissioner of annexed estates in 1755.
The administration of the court is part of the Scottish Courts and Tribunals Service, and is led by the Principal Clerk of Session and Justiciary. The Principal Clerk is responsible for the administration of the Supreme Courts of Scotland and their associated staff. As of June 2018, the Principal Clerk is Gillian Prentice.
When the Ocean-crew is in jail in Italy after the failed theft of the Coronation egg in Twelve, the local justiciary hands them over to an American official demanding their extradition. It is revealed after the prison scene that Molly is in fact Linus’ mother. Molly Stark is played by Cherry Jones.
He was appointed a Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session, Scotland's Supreme Courts, in 1990, taking the judicial title, Lord Osborne. He was appointed to the Inner House in 2001, becoming a member of the Privy Council. He retired in 2011.
The Inner House is the senior part of the Court of Session, and is both a court of appeal and a court of first instance. The Inner House has historically been the main locus of an extraordinary equitable power called the nobile officium – the High Court of Justiciary has a similar power in criminal cases. Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House and of civil cases from the sheriff courts, the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland.
The court is administered by the Scottish Courts and Tribunals Service, and the most senior clerk of court is the Principal Clerk of Session and Justiciary; the Principal Clerk is responsible for all court staff, and is also responsible for the administration of the High Court of Justiciary. The court was established in 1532 by an Act of the Parliament of Scotland, and was initially presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council. As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016.
The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon. The current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015.
He was nominated to the post of a Judge of the Court of Session on 10 January 1855, when he took the courtesy title of Lord Ardmillan, after the name of his paternal estate. On 16 June in the same year he was also appointed a Lord of Justiciary, and held these two places until his death. His speeches and other literary utterances are not great performances, and his lectures to young men on ecclesiastical dogmas are open to hostile criticism, but they bear the cardinal merit of sincerity and are not without literary polish. In the court of justiciary his speeches were effective and eloquent of expression, which he had cultivated by a rather discursive study of English and Scotch poetical literature.
In the Courts of Scotland judges in the Court of Session, High Court of Justiciary and the sheriff courts are all addressed as "My Lord" or "My Lady" and referred to as "Your Lordship" or "Your Ladyship". Justices of the peace in justice of the peace courts are addressed and referred to as "Your Honour".
Today, the Royal Mile is an eclectic mix of shops, restaurants, pubs and visitor attractions. During the annual Edinburgh Fringe, the High Street becomes crowded with tourists, entertainers and buskers. Parliament Square is at the heart of Scotland's legal system, being the home of both the High Court of Justiciary and the Court of Session.
He was raised to rank and precedence of an earl's son and raised to the bench as a judge of the Court of Session in 1859, taking the judicial title Lord Jerviswood. He was appointed a Lord of Justiciary in 1862. He retired in 1874. Charles Baillie married, on 27 December 1831, the Hon.
In 1991, McEwan became a temporary judge of the Court of Session and High Court of Justiciary, Scotland's supreme courts, and was appointed a permanent Senator of the College of Justice in 2000, taking the judicial title, Lord McEwan. He sat in the Outer House. He retired in 2008, his vacancy being filled by Valerie Stacey, Lady Stacey.
544 was Justiciary and Coroner of Aberdeenshire. He married Elizabeth Kennedy, daughter of Sir Gilbert Kennedy of Dunure and together they had four sons. From the three younger sons sprang several cadet lines. William was the progenitor of the Pitsligo line, John the ancestor of Tolquhonline while the houses of Skellater and Inverernan were founded by Alistair of Brux.
Where the death appears to be due to a criminal act, the procurator fiscal will initiate investigations by the police, or other appropriate public authorities, to enable the identification of suspects and associated evidence to enable them to prosecute the case in the Sheriff Court, or for an Advocate Depute to prosecute in the High Court of Justiciary.
The Lord President of the Court of Session is by virtue of office appointed as Lord Justice General of Scotland. As such, he is both head of the judiciary of Scotland, president of the Court of Session (the most senior civil court in Scotland), and president of the High Court of Justiciary (the most senior criminal court in Scotland).
In Scotland, a preliminary hearing is a non-evidential diet in cases to be tried before the High Court of Justiciary. It is a pre-trial diet to enable the court to be advised whether both parties, the prosecution and the defence, are ready to proceed to trial and may also deal with ancillary procedural matters.
Derek Robert Alexander Emslie, Lord Kingarth QC (born 21 June 1949) is a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session. He is the son of former Lord President George Emslie, Baron Emslie, and younger brother of fellow judge Nigel Emslie, Lord Emslie.
Their judgments can be appealed to the High Court of Justiciary in the same way as any other criminal court. Justices acting personally can have a role in signing duties, for example in granting search warrants and emergency child protection orders.Judicial Studies Committee, 2007. Guidance Notes on Signing Duties of Justices of the Peace in Scotland.
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. Originally clericus justiciarie or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord Clerk Register, the status of the office increased over time and the Justice-Clerk came to claim a seat on the Bench by practice and custom. This was recognised by the Privy Council of Scotland in 1663 and the Lord Justice Clerk became the effective head of the reformed High Court of Justiciary in 1672 when the court was reconstituted. The Lord Justice Clerk now rarely presides at criminal trials in the High Court, with most of his or her time being spent dealing with civil and criminal appeals.
In 1997, he was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's supreme courts, taking the judicial title, Lord Bonomy. He sat primarily on civil and criminal cases at first instance, although occasionally sat on appellate business. A tabloid newspaper nicknamed him "Judge Dread" when he jailed a heroin-dealer for ten years for failing within twenty-four hours to name his supplier.Scottish judge will oversee run-up to Karadzic trial in The Hague In 2001, he led a review for the Scottish Executive of the Practices and Procedure of the High Court; the report, Improving Practice - the 2002 Review of the Practices and Procedures of the High Court of Justiciary was published in December 2002.
The remaining judges are the Lords Commissioners of Justiciary, who hold office ex officio by virtue of being appointed as Senators of the College of Justice and judges of the Court of Session. As a court of first instance trials are usually heard with a jury of 15 and a single Lord Commissioner of Justiciary; the jury can convict on a majority verdict. In some cases, such as the trial of Abdelbaset al-Megrahi and Lamin Khalifah Fhimah for the bombing of Pan Am Flight 103, a trial can be heard by a bench of judges alone; sitting without a jury. As an appeal court the hearings are always without a jury, with two judges sitting to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.
In March 1998, DC McKie was arrested and charged with perjury. However, in May 1999, the Scottish jury at the High Court of Justiciary rejected the SCRO's fingerprint evidence and McKie was unanimously found not guilty of perjury. U.S. fingerprint experts Pat Wertheim and David Grieve testified during McKie's trial that the fingerprint inside the Ross house was not McKie's.
He was educated at Berlin and Göttingen, where he was a pupil of Savigny. In 1825, he returned to Zürich where he was appointed professor of civil law in the university. He was a leader of the Liberal Radical party and in 1831 became head of the Swiss justiciary. In 1843-47 he was professor in the University of Halle.
Law was sentenced to be transported to Australia for 14 years.Proceedings of the High Court of the Justiciary 1826 to 1829 In 1830 he stood unsuccessfully for the chair in Divinity at the University of St Andrews. At the Disruption of 1843 Clason joined the Free Church of Scotland. He served as its Clerk (alongside Rev Thomas Pitciairn) for 23 years.
From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment and/or a fine, and in solemn cases 5 years imprisonment or an unlimited fine.Part III of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 A higher sentence in solemn cases may be imposed upon remittance of the case to the High Court of Justiciary.
Like his father and grandfather before him, Archibald Hope pursued a law career. He was admitted an advocate on 30 June 1664 and readmitted on 8 January 1676. He became a Lord of Session, assuming the name of Lord Rankeillor, on 1 November 1689, followed by Lord of Justiciary on 27 January 1690. A knighthood by King William followed shortly thereafter.
In April 2010, he was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, the Supreme Courts of Scotland, taking the judicial title, Lord Doherty. It was announced on 17 February 2020 that Lord Doherty had been appointed to the Inner House of the Court of Session with effect from December 2020.
Ranulph do Glanville, the famous justiciary of England during the reign of Henry II, was born in Stratford St Andrew. The village sign for Stratford St Andrew shows the mill, of which little now remains. Whilst the black swan, which can be seen on the sign, is a reminder of a coaching inn, named the 'Black Swan'. This inn no longer exists.
Thomas Maitland, Lord Dundrennan (9 October 1792 – 10 June 1851) was a Scottish lawyer and judge. He was Solicitor General for Scotland between 1840 and 1841 and again between 1846 and 1850. He was also Member of Parliament for Kirkcudbrightshire between 1845 and 1850. In 1850 he was raised to become one of the Lords of Session and the Justiciary, as Lord Dundrennan.
In the most exceptional of circumstances, an appeal may be made to the European Court of Justice (ECJ) of the Court of Justice of the European Union (CJEU), subject to an application for permission from both the High Court of Justiciary and the United Kingdom Supreme Court (UKSC) being granted, or to the European Court of Human Rights (ECtHR), or both.
The administration of the court is part of the Scottish Courts and Tribunals Service, and is led by the Principal Clerk of Session and Justiciary. The Principal Clerk is responsible for the administration of the Supreme Courts of Scotland and their associated staff. the Principal Clerk was Graeme Marwick, who was also Director of the Scottish Courts and Tribunals Service.
In November 2008, Cullen was appointed as a Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session, the Supreme Courts of Scotland. He took the judicial title, Lord Pentland,. In 2010 he was appointed as a member of the Upper Tribunal (Tax and Chancery Chamber). He has also served as an Intellectual Property judge.
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".
Honyman was born in about 1765, the oldest son of Patrick Honyman of Graemsay, Orkney. His mother Margaret, a daughter of Patrick Sinclair of Durwin, was his father's second wife. His older half-brother William Honyman, Lord Armadale was a Lord of Justiciary. The family claimed maternal descent from Sir Robert Stewart, an illegitimate son of King James V of Scotland.
The judiciary of Scotland, except the Lord Lyon King of Arms, are united under the leadership and authority of the Lord President and Lord Justice General, who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the Courts Reform (Scotland) Act 2014, to regulate civil procedure through passing subordinate legislation knows as Acts of Sederunt, and the High Court of Justiciary has the authority to regulate criminal procedure through passing Acts of Adjournal. Both Acts of Sederunt and Acts of Adjournal have the capacity to amend primary legislation where it deals with civil or criminal procedure respectively. The majority of criminal and civil justice in Scotland is handled by the local sheriff courts, which are arranged into six sheriffdoms led by a sheriff principal.
He also was appointed a Commissioner of Justiciary, a position he held from 1792 to 1808. Nairne's ‘Disputatio Juridica ad tit. 4 Lib. xx. Pand. Qui potiores in pignore vel hypotheca habeantur’ was published in 1755. He also assisted in the collection of the ‘Decisions of the Court of Session from the end of the year 1756 to the end of the year 1760’, in 1765.
The Principal Clerk of Session and Justiciary is the clerk of court responsible for the administration of the Supreme Courts of Scotland and their associated staff. The Keeper of the Signet grants a commission to the Principal Clerk of Session to allow Her Majesty's Signet to be used. Gillian Prentice was the first woman to hold the post. The current Principal Clerk is Graeme Marwick.
The Sheriff Appeal Court has exclusive jurisdiction for all appeals in summary criminal proceedings and appeals relating to bail decisions, in both summary and solemn proceedings, from the sheriff courts and justice of the peace courts. Decisions of the Sheriff Appeal Court may only be appealed to the High Court of Justiciary with the permission of the Sheriff Appeal Court or the High Court.
Iain Bonomy, Lord Bonomy, (born 15 January 1946)Biography Note Judge Iain BONOMY is a former Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session from 2010 to 2012. From 2004 to 2009, he was a Judge of the International Criminal Tribunal for the former Yugoslavia.
On 2 January 1574 Boyd obtained from Morton charters of the offices of Bailiary and Justiciary of the regality of Glasgow for himself and his heirs, cites Reg. Mag. Sig., vol. iii. p. 2407. having in the previous November forcibly ejected Sir John Stewart. cites Dictionary of National Biography The same year he was appointed a Commissioner for musters in the Bailiary of Cunningham.
1048, 1111. Some of his earlier years, when he was still Lord Gordon, were spent in England at the court of James I, who took care to educate him in the Protestant faith and created him Earl of Enzie. In 1609 he received a commission of justiciary under the great seal against the members of a rebellious society in the north called the "Society of Boys".
Abercromby was Commissioner justiciary for the Highlands in 1701 and 1702. He was returned as Shire Commissioner for Banffshire in the Parliament of Scotland in 1706 and after the Act of Union was one of the Scottish representatives to the first Parliament of Great Britain in 1707. He was returned as Member of Parliament for Banffshire in the British general elections of 1708, 1710, 1713, 1715 and 1722.
The Society of Solicitors in the Supreme Courts of Scotland is a voluntary professional association of solicitors in Scotland, representing lawyers who practise in and around the College of Justice. The College of Justice comprises Scotland's two supreme courts: the Court of Session and the High Court of Justiciary. Members use the abbreviation "SSC" after their names. The Society was founded in January 1784 and incorporated by Royal Charter in 1797.
On 26 June 1893 Smith's trial begun in the High Court of Justiciary. He was not charged with forgery but selling the forgeries under false pretences. One of the witnesses was a bookseller Bristo Brown, who had bought large number of Smith's letters and said that he had believed them to be genuine. The jury convicted Smith but recommended leniency and he was sentenced to 12 months in prison.
In 1788 he was elected a Fellow of the Royal Society of Edinburgh. His proposers were Robert Arbuthnot, Dugald Stewart and Alexander Fraser Tytler. Smythe was raised to the bench, in succession to Francis Garden of Gardenstone, on 15 November 1793, taking the title of Lord Methven. He was appointed a commissioner of justiciary on the death of Lord Abercromby, 11 March 1796, resigning the post in 1804.
He was a member of the Scottish Privy Council from 1692 to 1708. In 1695 he was appointed a Director of the Company of Scotland.. Also in 1695, he was appointed Commissioner for auditing Treasury accounts. In 1696 he was appointed Governor of Dumbarton Castle and freeman of Dumbarton. He was Commissioner for Admiralty accounts in 1698 and was a Commissioner Justiciary for Highlands in 1701 and 1702.
Meechan's lawyer Dorothy Bain subsequently petitioned the High Court of Justiciary to hear the case. Senior judge Lord Carloway opined that the High Court did not have the power to grant an appeal denied by the Sheriff Court. In March 2019, the £800 was seized from Meechan's bank account under an arrestment order. On 17 June 2020, Meechan announced that his additional appeal to the Supreme Court was also rejected.
David Gilroy continues to maintain his innocence. On 27 April 2012, he lodged an intimation of his intention to appeal against conviction, under section 109(1) of the Criminal Procedure (Scotland) Act 1995, with the Clerk of Justiciary. The appeal was rejected by the Court of Criminal Appeal in Edinburgh on 20 December 2012. In June 2017 the Scottish Criminal Cases Review Commission closed their review of the case.
He was at the same time removed from the Court of Justiciary. Upon the 1688 Revolution King William III offered to reinstate him as one of the Lords of Session, which Sir Alexander declined feeling it inconsistent with his previous Oaths of Allegiance to James VII. He then retired from professional life. In his private affairs he succeeded in recovering his family's estates from indebtedness, and possessed a vast library.
At the same time the Committee recommended that the basic salary of a Senator be increased to . The membership of the court remained unchanged until 1887 when all of the Senators of the College of Justice were made Lords Commissioners of Justiciary, by the Criminal Procedure (Scotland) Act 1887. Writing in 1896, Charles Pearson attested that no appeal was competent from the High Court to the House of Lords.
The court convicted Abdelbaset al-Megrahi of 270 counts of murder in connection with the bombing on 31 January 2001. The second accused, Lamin Khalifah Fhimah, was acquitted. Megrahi's appeal was also held at the court (the High Court of Justiciary is the highest court of appeal in the Scottish criminal justice system), and was rejected on 14 March 2002. The site was then decommissioned and returned to the Dutch government.
In February 1797 he was appointed as a judge in succession to Lord Dreghorn. He joined the Lords of Justiciary in June 1799 after the promotion of Lord Eskgrove, and in 1804 was made a baronet, taking the territorial designation of Armadale, after his lands on the north coast of Sutherland. He resigned from his judicial posts in 1811 and retired to Smyllum Park, his estate in Lanarkshire.
"Trial of Mr T Fische Palmer, Perth, Sept. 13" The Times (London) 19 Sept. 1793 William Skirving remained as secretary through these arrests and arranged for the publication an account of the trial of Thomas Fyshe Palmer.The Trial of the Rev. Thomas Fyshe Palmer, before the Circuit Court of Justiciary, held at Perth, on the 12th and 13th of September, 1793, on an indictment for seditious practises...With an appendix.
The Senators of the College of Justice are judges of the College of Justice and sit in either the Court of Session (where they are known as Lords of Council and Session) or the High Court of Justiciary (where they are known as Lords Commissioners of Justiciary.) The Chairman of the Scottish Land Court ranks as a Senator but is always referred to by his judicial office. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now one and the same, and the term, Senator, is almost ordinarily used in referring to the judges of these courts. When a Senator sits as judge in the Outer House of the Court of Session they are referred to as a Lord Ordinary. Ten senators will sit in the Inner House of the Court of Session, where they will hear appeals against decisions made by the Outer House, the Sheriff Appeal Court, or judgments made by a sheriff principal.
Article XIX of the Treaty of Union that united Scotland and England into Great Britain preserved the High Court of Justiciary, though now the High Court was subject to the Parliament of Great Britain which could enact "...regulations for the better administration of Justice". Dominic Scullion, writing in the Aberdeen Student Law Review in 2010, identified that the Union of England and Scotland saw an increase in references to English law and cases in the reports of the High Court. However, Scullion identified that it was only in the latter half of the 20th Century that the judgments of the High Court were directly influenced by English decisions and precedent. The High Court of Justiciary remained the final authority on all matters of criminal law after the Act of Union, though the Parliament of Great Britain appears to have had appellate jurisdiction through the judicial functions of the House of Lords this appeared to have little effect in practice.
The court's president is the Lord Justice General; the second most senior judge is the Lord Justice Clerk; and a further 35 Senators of the College of Justice hold office as Lords Commissioners of Justiciary. The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, subject to amendment by Order in Council (the last order was made in 2016 and increased the number of judges to 35.) Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to a compulsory retirement age of 75. The court is a unitary collegiate court, with all judges other than the Lord Justice General and the Lord Justice Clerk holding the same rank and title: Lord Commissioner of Justiciary. There are 35, in addition to a number of temporary judges; these temporary judges can be sheriffs principal, sheriffs, or advocates in private practice.
On Gloucester embracing the royal cause, early in 1265, Audley joined him with the other marchers, and took part in the campaign of Evesham and the overthrow of the baronial party. He appears to have gone on a pilgrimage to Galicia in 1268, and also, it is stated, to Palestine in 1270; but though his name occurs among the 'Crucesignati' of 21 May 1270, it is clear that he never went, for he was appointed justiciary of Ireland a few months later, his name first occurring in connection with that office 5 September 1270. He also served as High Sheriff of Staffordshire and Shropshire in 1261 and 1270. During his tenure as Justiciar of Ireland he led several expeditions against 'the Irish rebels,' but died by 'breaking his neck' about 11 June 1272 (when he is last mentioned as justiciary), and was succeeded by his son James, who did homage 29 July 1272.
On Balfour's return his first inquiry was after the girl. On being informed of her marriage, on 9 April 1707 he proceeded on horseback with two attendants directly to the school at Inverkeithing, called Stenhouse out, deliberately shot him, wounding him in the shoulder, and quietly returned to Burleigh. The schoolmaster lingered twelve days, and then died. Balfour was tried for the murder in the High Court of Justiciary on 4 August 1709.
He was present at the theatrical fund dinner in Edinburgh on 23 Feb. 1827, when Sir Walter Scott acknowledged the authorship of the Waverley novels; owing to the rotundity of his figure, Scott named him "Peter o' the Painch" for his rotund figure. In January 1838 Robertson defended the Glasgow cotton-spinners before the High Court of Justiciary at Edinburgh. On 29 November 1842 he was chosen Dean of the Faculty of Advocates.
Campbell was a commissioner justiciary for the Highlands in 1701 and 1702. In the Scottish election of 1702 he succeeded his father in the Parliament of Scotland as Commissioner for Argyllshire. In 1704 he became a burgess of Edinburgh and also joined the British Army as a lieutenant in the Life Guards. After the Act of Union he was chosen as one of the 60 Scottish representatives to serve for Scotland in the 1707 Parliament.
Zambrano arrived at the port of Buenos Aires towards the end of 1609 in the ship "Espiritu Santo", accompanying Diego Martínez Negron, the successor of Hernandarias, in the governorship of the Río de la Plata. In the city marries to María Martinez, possibly related to Diego Martínez Negron. Juan Gil Zambrano was appointed Lieutenant Governor and Justiciary by the same Martínez Negron in 1609, and was replaced by Manuel de Frias on June 17, 1611.
John Francis Wheatley, Lord Wheatley, (born 9 May 1941) is a Scottish lawyer and retired Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session. He is an authority on road traffic law. His father, John Wheatley, Baron Wheatley, was Lord Justice Clerk between 1972 and 1985, the second-most senior judge in Scotland.
In 2000, Wheatley was appointed a Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session, Scotland's Supreme Courts, taking the judicial title, Lord Wheatley. From 2002 to 2006, he was Chairman of the Judicial Studies Committee, the body responsible for the training of judges. He was promoted to the Inner House of the Court of Session, and to the Privy Council, in 2007.
Ann Paton, Lady Paton, (born 1952) is a Scottish advocate and judge. She is a Senator of the College of Justice, sitting in the High Court of Justiciary and the Inner House of the Court of Session. In 2019 she became the Chairman of the Scottish Law Commission. Paton is currently Scotland's longest-serving female judge and was the second woman ever appointed as a Senator of the College of Justice, after Lady Cosgrove.
Rodger was appointed a Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session, in 1995, He became Lord Justice General and Lord President in 1996. He was appointed a Lord of Appeal in Ordinary in 2001, upon the retirement of Lord Clyde. He and nine other Lords of Appeal in Ordinary became Justices of the Supreme Court upon that body's inauguration on 1 October 2009.
The Lord President is also the Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, with the two offices having been combined in 1836.The office of Lord Justice General is derived from the justiciars who were appointed from at least the twelfth century. From around 1567 onwards it was held heritably by the Earl of Argyll until the heritability was resigned to the Crown in 1607.
Amanda Duffy, a 19-year-old Scottish student, was killed in 1992. The main suspect, Francis Auld, was tried for murder in the High Court of Justiciary in Glasgow and was acquitted when the jury returned a majority verdict of "not proven". A bid by prosecutors to try Auld for a second time on the basis of new evidence was rejected by the courts in 2016. Auld died of cancer in July 2017.
To complete the idea that she was dead her funeral was publicly celebrated, but she survived until May 1745. Meanwhile, in 1734 Grange resigned his offices in the Court of Session and Justiciary, and became a Member of Parliament where he was a bitter opponent of Sir Robert Walpole. His objective of being appointed Secretary of State for Scotland was a failure. For a short time after leaving parliament he returned to the Bar.
It also took over devolution cases from the Judicial Committee of the Privy Council. Such Law Lords were allowed to sit in the House of Lords and were members for life. The Supreme Court serves as the highest court of appeal for all cases in England and Wales and in Northern Ireland, but only for civil cases in Scotland. The High Court of Justiciary remains the court of last resort in Scotland for criminal cases.
Grant became a Burgess of Elgin in 1689 and of Edinburgh in 1695. In 1700 he was bailie in the regality of Grant. He was Commissary justiciary for the Highlands in 1701 and 1702. In 1702 he was returned as Shire Commissioner for Inverness-shire. He was Sheriff of Inverness from 1703 to 1717. In 1706 he was a Commissioner of the Scottish Exchequer and one of the Commissioners for the Union with England.
The Rose family is descended from a Norman family that settled in Nairn in the 1300s and has had their seat at Kilravock since 1460. The Roses of Kilravock have been the Chiefs of Clan Rose since that time. Hugh Rose (1663-1732) was, in addition to being baron of Kilravock and Muirton, Commissioner for the Justiciary, Sherriff of Ross (1706-1722, 1729-1732) and Member of Parliament for Nairn (1725-1732).
His progress at the bar was not rapid, but he nevertheless acquired a considerable criminal business both in the Court of Justiciary and in the church courts. He did not had much civil business, although he could address juries very effectively. On 14 March 1849 he became Sheriff of Perth, and four years later, 16 November 1853, was appointed Solicitor General for Scotland under the administration of George Hamilton- Gordon, 4th Earl of Aberdeen.
After a trial on 6–7 January he was sentenced to fourteen years transportation.The Trial of William Skirving, secretary to the British convention, before the high court of justiciary, on 6th-7th of January ,1794, for sedition, containing a full and circumstantial account of all the proceedings and speeches, as taken down in shorthand by Mr Ramsey, short hand writer from London. Edinburgh: printed and sold for Mr Skirving by James Robertson, Edinburgh.
Ledbetter supplied two documents to MacAffer, who in turn supplied them to Dorschel. at Kings Bay in 1981 Although arrested and initially charged in Manchester, the case against Dorschel was transferred to Scotland when related arrests were made there. Dorschel pleaded guilty on 19 June 1967 at Dunoon Sheriff Court. With Nicholas Fairbairn acting in his defence at the High Court of Justiciary in Edinburgh, Dorschel was sentenced on 23 June to seven years' imprisonment.
Returning to Scotland to stand his trial, he was indicted for wilful murder before the high court of justiciary at Edinburgh on 10 June. He was prosecuted by Sir William Rae, and defended by Jeffrey, James Moncreiff, Cockburn, and other whig members of the Scottish bar. At 5 o'clock on the following morning the jury, without retiring, found Stuart not guilty. "No Scotch trial in my time excited such interest," Lord Cockburn says.
He was elected and sat for Edinburgh Leith from 1970 until 1979. He served as Lord Advocate from March 1974 until May 1979, and was appointed a Privy Counsellor in 1974. In 1979 he was appointed to the Court of Session and High Court of Justiciary as a Senator of the College of Justice, with the judicial title Lord Murray. His uncle David King Murray had been a Senator of the College of Justice from 1945 to 1955.
John is also mentioned in a minute of agreement between George Sinclair, Earl of Caithness and George Gordon, Lord Strathnaver who later became the 14th Earl of Sutherland, dated 7 December 1668, as one of the Earl of Cathness's and Earl of Argyll's 'Deputies' in the Sheriffship and Justiciary. The other Deputes are Lord Strathnaver himself, Ross of Balnagowan and Sir George Munro of Glenurquhie.Fraser, Sir William, K.C.B, L.L.D. (1892). The Sutherland Book. vol. ii. pp.
Sheriff Courts are above local Justice of the Peace Courts who deal with very minor offences and below the Supreme Courts. The High Court of Justiciary deals with serious criminal matters, such as Murder, and the Court of Session is Scotland's supreme civil court. Any final decision of a Sheriff may be appealed. On 1 January 2016 the right of appeal to the Sheriff Principal was abolished and instead an appeal lies to the newly created Sheriff Appeal Court.
The rules for the Sheriff Appeals Court are contained in Chapter 19 of the Criminal Procedures Rules 1996 (for criminal appeals) and the Sheriff Appeal Court Rules (Civil) (for civil appeals). The rules for criminal appeals were instituted by the High Court of Justiciary by Act of Adjournal which came into force on 22 September 2015, and the civil rules were instituted by the Court of Session through Act of Sederunt that came into force on 1 January 2016.
This family had campaigned with both Sir William Wallace, and Robert The Bruce who had appointed Sir Robert de Laweder of the Bass Justiciar of Lothian (or more properly Justiciary of Scotland South of the Forth) before 1316. On 28 July 1328, Robert the Bruce granted a charter of restitution to Sir Henry Percy of all his father's lands and rents, etc., in Scotland. Witnesses to this charter included Roberto de Lawedre, senior, Knight, (ref: Stones).
The Scottish Government affirmed its commitment to judicial independence in both the Judiciary and Courts (Scotland) Act 2008 and the Courts Reform (Scotland) Act 2014, and agreed that it was important that there remain judicial discretion in sentencing, stating: The Council as established would have a judicial majority, have its guidelines subject to ratification, rejection, or amendment by the High Court of Justiciary, and the Appeal Court would be able to set aside the guidelines when determining an appeal.
Wolffe was admitted as an advocate in 1992, then a Queen's Counsel (QC) in 2007. He served for three years as an Advocate Depute (prosecutor) at the High Court of Justiciary. He was elected as Vice-Dean of the Faculty of Advocates in February 2013 and Dean of the Faculty of Advocates in February 2014, replacing Richard Keen. Wolffe was the winner of an election involving four candidates, and the first Dean to be elected by an electronic vote.
Bail can be granted by any of courts of Scotland, with the final decision in solemn proceedings being with the High Court of Justiciary. All crimes are bailable, and bail should be granted to any accused person "except where there is good reason for refusing bail". The Bail, Judicial Appointments etc. (Scotland) Act 2000, an Act of the Scottish Parliament, had removed the previous restrictions on bail that meant that murder and treason were not ordinarily bailable.
The castle and town of Bonjedworth suffered their full share of the miseries of border warfare. The castle was converted at a later period into a gaol. In 1683 Sir John Biddell of that ilk and another were tried at the court of justiciary at Jedburgh for their religious opinions, and sentenced to be confined in the prison of Bonjedworth. The castle is now so completely demolished that not a trace of even its situation can be found.
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building.
In the recently established Supreme Court of the United Kingdom, the most senior judge is called the president of the Supreme Court. The lady/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 Lady/Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1784.
The High Court of Justiciary is the supreme criminal court. The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the former Sheriff Court buildings in the Lawnmarket in Edinburgh, in dedicated premises at the Saltmarket in Glasgow, and also sits from time to time in various other places in Scotland. As a court of appeal, it sits only in Edinburgh.
In the case of prosecution for a breach of the regulations or an appeal against a safety notice in England and Wales and Northern Ireland, the enforcement authority may apply to the court for forfeiture of the product. Appeal is to the Crown Court (England and Wales) or to a county court (Northern Ireland) (reg.18). In Scotland, application must be made to a procurator fiscal with appeal to the High Court of Justiciary (reg.19).
"Trial papers relating to Daniel Mitchell, James McNab, John Forrest for the crime of violation of sepulchres at Church yard: Stirling, 19 April 1823". In High Court of Justiciary processes. National Archives of Scotland. Ref. JC26/1823/15 In McNab's statement he described Forrest as the ring-leader who had approached him a number of times trying to persuade him to assist in the removal of bodies from the church yard, offering him up to four guineas per body.
Neaves was born in Edinburgh in 1800, the son of Charles Neaves (1777-1868), a Forfar solicitor and clerk of the Justiciary Court in Edinburgh, and his first wife. His father later married Mary Anne Wilson (1792-1887), sister of John and James Wilson.Grave of Mary Ann Neaves, Dean Cemetery Neaves was educated at the High School and Edinburgh University. He became a member of the Faculty of Advocates at age 22. He married Eliza Macdonald in 1835.
The second son, Archibald Hope (1639–1706), was Lord of Session in 1689, and Lord of Justiciary in 1690. He took the title of Lord Rankeillor, and was M.P. for Fifeshire from 25 April 1706 till his death on 10 October that year. The baronetcy continued through his line when Sir Thomas Hope, 8th Baronet assumed the baronetcy on the death of his cousin, Sir John Hope Bruce, 7th Baronet. John Hope the botanist was his grandson.
In Scotland, all of these cases brought in the High Court of Justiciary are brought in the name of the Lord Advocate and will be tried on indictment. In a sheriff court where trials proceed using the solemn proceedings they will also be tried on indictment and are brought in the name of the Lord Advocate. All solemn indictments are designed in the manner Her (or His) Majesty’s Advocate v Smith, or, more frequently HMA v Smith.
To be eligible for appointment as a Lord Commissioner of Justiciary, or temporary judge, a person must have served at least 5 years as sheriff or sheriff principal; or been an advocate for 5 years, or a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary; or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.) Appointments are made by the First Minister of Scotland on the recommendation of the Judicial Appointments Board for Scotland. The Judicial Appointments Board has statutory authority to make recommendations under Sections 9 to 27 of the Judiciary and Courts (Scotland) Act 2008 (as amended by the Courts Reform (Scotland) Act 2014). Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers. Temporary judges can also be appointed by the Scottish Ministers provided that person would also be eligible for appointment as permanent judge of the High Court.
II, c. 41. He was for the third time returned for the Elgin burghs at the general election in May 1754, but vacated his seat on his appointment as an ordinary lord of session and a Lord of Justiciary in the place of Patrick Grant, Lord Elchies. He took his seat on the bench on 14 November 1754, and assumed the title of Lord Prestongrange. In the following year he was appointed one of the commissioners for the annexed estates.
His proposers were Sir William Arbuthnot, 1st Baronet, Thomas Allan, Sir David Brewster and Sir Henry Jardine. He served as a Councillor of the Society during 1822-5 (Literary section) and 1835–7. In the 1830s, his address is listed as 13 Royal Circus Edinburgh's New Town. In part because of his rather indifferent record, especially after further embarrassment in the Court of Session in 1819, he was appointed a lord of session and justiciary as Lord Meadowbank 1819, and resigned in 1843.
Dacre was executed at Tyburn by hanging, having been given false hope when a stay of execution arrived in the morning. Three other of Dacre’s party were also executed. Northumberland was accused of slackness on the borders, and also of having a sword of state carried before him when he went as justiciary to York. If illness was in part responsible, Eustace Chapuys also ranked him, on information which he had from his doctor, among the disaffected early in 1535.
Brennan v HM Advocate 1977 JC 38 was a Scots criminal appeal case decided in the High Court of Justiciary in its capacity as the Court of Criminal Appeal. The case set the precedent that voluntary intoxication, whether by drink or drugs, cannot be used to establish defences of automatism or insanity. Brennan had been convicted of murdering his father during a state of intoxication. This was held not to qualify as automatism as the appelant had entered this state voluntarily.
Ronald Iain Sutherland, Lord Sutherland (born 1932), is a former Senator of the College of Justice in Scotland, having been appointed in 1985. Known as Lord Sutherland in the Court of Session and High Court of Justiciary, he sat in the First Division of the Inner House of the Court of Session. His most notable case was as a presiding judge in the Pan Am Flight 103 bombing trial. He is married to Janice, and they have two sons, Alan and Donald.
This was so that he could help steer the Devolution bill through the House of Lords. He remained as Solicitor General until the Conservative victory in the 1979 election at which point he returned to private practice. With Labour in Opposition he continued as their Spokesperson for Scottish Legal Affairs until 1984. In December 1984, McCluskey was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's supreme courts.
On 15 December 2008, the Scottish Government announced Professor Walker had been appointed to conduct a review of final appellate jurisdiction in the Scottish legal system. Under current arrangements, it is possible to appeal from the Court of Session, Scotland's highest civil court, to the Supreme Court of the United Kingdom, but not from the High Court of Justiciary, which remains the highest criminal court. The review covers both the civil and criminal jurisdictions. Professor Walker completed his report in November 2009.
The Lord Justice Clerk has the title in both the Court of Session and the High Court of Justiciary and, as President of the Second Division of the Inner House, is in charge of the Second Division of Judges of the Inner House of the Court of Session. The office is one of the Great Officers of State of Scotland. The current Lord Justice Clerk is Leeona Dorrian, Lady Dorrian, who was appointed to the position on 13 April 2016.
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constituent part of the College of Justice and is based in Edinburgh. Advocates are privileged to plead in any cause before any of the courts of Scotland, including the sheriff courts and district courts, where counsel are not excluded by statute.
He was appointed a Temporary Judge in 2001, and in 2006 was appointed a full-time judge of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts, as a Senator of the College of Justice. He took the judicial title Lord Uist and sits in the Outer House. Prominent cases Macdonald has presided over included the 2006 trial of three of the race hate murderers of Kriss Donald.Racist killers jailed for life; 'Barbaric' murder of defenceless boy.
Brailsford's initial practice at the Bar was mostly in the civil courts, later developing a specialism in insurance. He was appointed Queen's Counsel in 1994, and an Advocate Depute in 1999, serving until 2000, at which time he was elected Treasurer of the Faculty, holding that position for one year. He was appointed a judge of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts, in 2006. His appointment filled the vacancy created by Lord Hamilton's appointment as Lord President.
276 Richard still continued to serve Henry II. In 1176 he was appointed justiciary and seneschal of Normandy, and was given full control of all the royal business in the duchy. He died on 22 December 1188, and was buried in Winchester Cathedral. Richard owes his surname to the fact that Henry II granted him a mill at Ilchester. While bishop Richard gave an endowment to a hospital in Winchester, and allowed it to double the number of poor that it fed.
John Stewart, Earl of Mar and Garioch (c. 1456c. 1479) was the youngest surviving son of James II of Scotland and Mary of Guelders. After a legal struggle, in 1457 James II obtained from a justiciary court at Aberdeen a recognition of the Crown's right to the earldom and its lands, and bestowed the titles of Earl of Mar and Earl of Garioch on his son sometime between 1458 and 1459. In 1479, John was accused of treason and imprisoned at Craigmillar Castle.
The Scottish court in the Netherlands was a special sitting of the High Court of Justiciary set up under Scots law in a former United States Air Force base, Camp Zeist in Utrecht, in the Netherlands, for the trial of two Libyans charged with 270 counts of murder in connection with the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on 21 December 1988. A school on the former base was converted into a judicial court for the trial.
Beadle, p. 285 The trial was seen before Lord Young in the High Court of Justiciary on 28 March. Bury's defence team comprised solicitor David Tweedie and advocate William Hay; the prosecution was led by advocate depute Dugald or Dill McKechnie.Beadle, p. 286; Macpherson, p. 88 The hearing lasted 13 hours. The prosecution witnesses included Ellen's sister Margaret Corney, William's former employer James Martin, the Burys' London landlady Elizabeth Haynes, William's drinking partner David Walker, Lieutenant Lamb and Drs Templeman and Littlejohn.
On November 5, 1990 Stoisits was sworn in as member of the National Council of Austria. From 1992 to 1996 she was member of the federal board of trustees of her party, representing the so-called 10th state,Austria consists of nine provinces or states i.e. ethnic groups and minorities. In the parliament Stoisits served as spokeswoman of her party - mainly for minorities, human rights, migration and justiciary - and actively took part in several committees, including interior affairs, armed services and culture.
He was Commissioner justiciary for the Highlands from 1714 to 1716. He voted against the expulsion of Richard Steele in March and in May he voted with other Scottish Whigs in favour of extending the schism bill to cover Catholic education. He was a signatory to the proclamation of George I in Edinburgh, and presented a loyal address from Stirlingshire in October 1714. He was introduced at court by the Duke of Argyll. Cunningham succeeded to his mother’s estate in 1715.
The first of several alleged consultations took place in October 1593, the outcomes of which are unknown but Black Patie suffered no apparent ill-effects. Nevertheless, Balfour was arrested and transported to Kirkwall to be tried in December 1594. The case was unusual as it was instigated purely on the authority of Patie, whereas most Scottish witch trials required a commission of justiciary. Most witch trials were held in St Magnus Cathedral, where prisoners may also have been incarcerated, but Balfour was held in Kirkwall Castle.
A statutory instrument made by the Scottish Government is called a Scottish Statutory Instrument (or SSI). Each of these is separately numbered, with the numbering resuming from "No. 1" at the start of each calendar year; thus the Radioactive Substances Exemption (Scotland) Order 2011 is cited as "SSI 2011 No. 147", or more simply as SSI 2011/147. Acts of Sederunt made by the Court of Session or Acts of Adjournal made by the High Court of Justiciary are numbered as Scottish Statutory Instruments.
Egypt's Dar al-Ifta ( ) is an Egyptian Islamic advisory, justiciary and governmental body established as a centre for Islam and Islamic legal research in Egypt in 1313 AH / 1895 CE. It offers Muslims religious guidance and advice through the issuing of fatwas on everyday and contemporary issues. Dār al- Iftā' draws upon the Qur’an, hadith, and precedents of Islamic jurists throughout history to deliver fatwas on topics relevant to contemporary Muslims. Its fatwas are influential among Sunni Muslims in Egypt and across the world.
Porteous was arrested the same afternoon and charged with murder. He was tried at the High Court of Justiciary on 5 July 1736, where a majority of witnesses testified that Porteous had personally fired into the crowd on 14 April, although sixteen others said they had not seen him do so. Feelings were running high in Edinburgh and the jury unanimously found Porteous guilty of murder. He was sentenced to death, the execution set to take place in the Grassmarket on 8 September 1736.
Porteous was arrested the same afternoon and charged with murder. He was tried at the High Court of Justiciary on 5 July 1736, where a majority of witnesses testified that Porteous had personally fired into the crowd on 14 April, although sixteen others said they had not seen him do so. Feelings were running high in Edinburgh and the jury unanimously found Porteous guilty of murder. He was sentenced to death, the execution was set to take place in the Grassmarket on 8 September 1736.
The court is a unitary collegiate court, with all judges other than the Lord President and the Lord Justice Clerk holding the same rank and title—Senator of the College of Justice and also Lord or Lady of Council and Session. There are thirty-four judges, in addition to a number of temporary judges; these temporary judges are typically sheriffs, or advocates in private practice. The judges sit also in the High Court of Justiciary, where the Lord President is called the Lord Justice General.
The Privy Council, however, at the intercession of several ladies, stopped the execution, and ordered him to be carried prisoner to Edinburgh. He was brought before the Justiciary Court on 21 August 1685, forfeited on his confession, and sentenced to banishment. The forfeiture was rescinded in 1689, and in 1700 he was elected a burgh commissioner in the Parliament of Scotland for Campbeltown on its elevation to a royal burgh. He held the seat up to the time of the Union, a measure which he steadily supported.
Peter Weiss, The International Court of Justice and the Scottish High Court: Two Views of the Illegality of Nuclear Weapons, Web article states that it was first published in: Waseda Proceedings of Comparative Law, Vol.4 (2001), p. 149, Institute of Comparative Law, Waseda University, Tokyo. The acquittal of the Trident Three resulted in the High Court of Justiciary, the supreme criminal court in Scots law, considering a Lord Advocate's Reference, and presenting the first detailed analysis of the ICJ Opinion by another judicial body.
Alexander was nominated to the Court of Session in 1754, receiving the additional appointment to the High Court of Justiciary in the following year. As a judge he took the courtesy title Lord Auchinleck from the name of his estate, of which he was the 8th Laird. He is noted for rescuing of the Auchinleck manuscript in 1740 from a professor of the University of Aberdeen who was in the process of destroying it. He donated the manuscript to the Advocates' Library in Edinburgh.
From 2003 to 2009, Tyre was a part-time member of the Scottish Law Commission, and in 2007 was elected President of the Council of Bars and Law Societies of Europe. In April 2010, he was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, the Supreme Courts of Scotland, taking the judicial title, Lord Tyre. He was awarded a CBE in the 2010 Birthday Honours for services to the administration of justice.
In 1701 and 1702 he was a Commissioner of justiciary for the Highlands. He succeeded his father in 1705. When he was young, he lived for a long time in France and developed a great admiration and affection for the country. At the 1734 British general election, Falconer was returned with the support of George Keith, Earl of Kintore as a Whig Member of Parliament for Kincardineshire in a contest against the sitting Whig MP. He voted steadily in support of Walpole's administration without asking any favour.
Strachan was one of those who constituted the General Assembly of Aberdeen on 2 July 1605, against the King's wishes, for which he was denounced on 18 July, and imprisoned at Blackness Castle on 3 August. He was tried before the Lords of Justiciary on 10 January 1606. As a result he was banished for life. He went to Holland where he died of fever in Middleburg in 1607, after petitioning the King in vain for liberty to return on account of his health.
After numerous hair-breadth escapes he was apprehended at Covington Mill, Lanarkshire, during the night of 12 July 1681 by a party of dragoons led by James Irving of Bonshaw (who got the reward). Tried for treason before the High Court of Justiciary, he was found guilty, and executed at the Cross of Edinburgh with four others [Walter Smith, William Cuthil, William Thomson, James Boig], 27 July 1681. His forfeiture was rescinded by Act of Parliament 4 July 1690. He married Margaret (died 12 Aug.
The Criminal Appeal (Scotland) Act 1927 increased the jurisdiction of the Scottish Court of Criminal Appeal following the miscarriage of justice surrounding the Trial of Oscar Slater. Reflecting Scotland's own legal system, which differs from that of the rest of the United Kingdom, the Scottish Criminal Cases Review Commission (SCCRC) was established in April 1999. All cases accepted by the SCCRC are subjected to a robust and thoroughly impartial review before a decision on whether or not to refer to the High Court of Justiciary is taken.
This is known as a Full Bench. Appeals by right are heard from the High Court of Justiciary (sitting at first instance) and sheriff courts sitting in solemn procedure; with appeals, with leave, on questions of law are heard from the Sheriff Appeal Court. Appeals against sentence or conviction in summary proceedings before the sheriff courts or justice of the peace courts are heard before the Sheriff Appeal Court. The High Court also hears appeals in cases referred to it by the Scottish Criminal Cases Review Commission.
He was one of those who, in opposition to the Royal command, attended the General Assembly of Aberdeen. For this he and five other ministers were committed to the Castle of Blackness on 2 August. He was brought before the Privy Council at Perth on 27 August and interrogated as to the constitution of the Assembly. Not giving satisfactory answers they were tried before the Justiciary Court at Linlithgow on 10 January 1606, on a charge of treason, found guilty, and banished for life.
In the autumn of the same year Basset met with his death. While he was going out to hunt, his horse tripped on a root and threw its rider, who was taken up in a kind of paralysis ("dissipatis ossibus et nervis dissolutis"), from which he never recovered. Before the end of August his only son, Gilbert, also died, leaving the Basset estates to devolve upon his brother Fulk. There does not appear to be any authority for Collins's incidental statement that Gilbert Basset was justiciary.
This was more detailed than the official one provided prior to his trial; he placed much of the blame for the murders on Hare. On 16 January 1829 a petition on behalf of James Wilson's mother and sister, protesting against Hare's immunity and intended release from prison, was given lengthy consideration by the High Court of Justiciary and rejected by a vote of 4 to 2. Margaret Hare was released on 19 January and travelled to Glasgow to find a passage back to Ireland.
Sir David Falconer, of Newton, (164015 December 1685) was a Scottish judge. The second son of Sir David Falconer of Glenfarquhar, one of the commissaries of Edinburgh, and younger brother of Sir Alexander Falconer of Glenfarquhar. He studied the law under his father, and having passed advocate on 3 July 1661, was afterwards appointed one of the commissaries of Edinburgh, and was knighted. On 24 May 1676, he was nominated a Lord of Session, and on 2 March 1678, was admitted a Lord of Justiciary.
The Lord President of the Court of Session is the head of the country's judiciary and the presiding judge of the College of Justice (which comprises the Court of Session and High Court of Justiciary.) The current Lord President is Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk When presiding over criminal cases in the High Court of Justiciary the Lord President is known as the Lord Justice- General, an office that can be traced back to the ancient justiciars. In 1830, the Court of Session Act 1830 united the offices of Lord President of the Court of Session and Lord Justice General, with the person appointed as Lord President assuming the office of Lord Justice General ex officio. The Lord President presides over the 1st Division of the Inner House of the Court of Session, and will often hear appeals that raise significant or important points of law. The Lord President was made head of a unified judiciary as a result of the passage of the Judiciary and Courts (Scotland) Act 2008 by the Scottish Parliament.
The Chairman of the Scottish Land Court, who is also appointed as President of the Lands Tribunal for Scotland, has the same rank and tenure as a Senator of the College of Justice, but does not number as a member of the College of Justice. The Office of Chairman was created with the founding of the Scottish Land Court in 1991 by the Small Landholders (Scotland) Act 1911 which has a responsibility for hearing cases relating to agricultural tenancies and crofting. The Chairman is supported by a Deputy Chairman who holds the office of sheriff. The Chairman is legally qualified, and must satisfy the same eligibility criteria as a Senator: that is, they must have served at least 5 years as sheriff or sheriff principal, been an advocate for 5 years, a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.) When founded, the Scottish Land Court, and its judiciary, were a separate administration to the Court of Session, High Court of Justiciary and sheriff courts.
A declaration of incompatibility is only the start of a remedy to a Human Rights Act 1998 claim. Section 8 of the Act enables the court to make any further remedy it sees fit. In England and Wales, the High Court, Court of Appeal, Supreme Court, Judicial Committee of the Privy Council, and the Courts Martial Appeal Court can issue declarations of incompatibility. In Scotland, in addition to the Supreme Court, the Court of Session and the High Court of Justiciary are also able to issue declarations of incompatibility.
On 13 December, his case was again before the council, when, as it was thought that the execution of a man in a state of insanity would endanger his soul, he was reprieved until the last Friday of January 1684. Gordon was brought again before the Lords of Justiciary, where the death sentence was ordered to be carried into effect. However, through the influence of a friend, the Duke of Gordon, his life was spared. Gordon was kept prisoner, and was interrogated on his knowledge of conspiracies under threat of torture.
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. The Lord Justice Clerk presides over the 2nd Division of the Inner House of the Court of Session. The current Lord Justice Clerk is Leeona Dorrian, Lady Dorrian, who was appointed to the position on 13 April 2016. The office of Lord Justice Clerk can be traced back to the clerk of court to King's Court, later the Justiciary Court, which was normally the responsibility of the Justiciar.
Lord Cullen was a chairman of the Medical Appeal Tribunals from 1977 until his appointment as a judge in 1986. He was appointed a Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session, as Lord Cullen. From 1988 to 1990 he conducted the Public Inquiry into the Piper Alpha disaster 488 pages, 2 volumes and in 1996 he chaired the Public Inquiry into the shootings at Dunblane Primary School. In October 1999 he was appointed to chair the Ladbroke Grove Rail Inquiry.
Almost all witchcraft prosecutions took place in secular courts under the provisions of the 1563 Act. In 1649 the religiously radical Covenanter regime passed a new witchcraft act that ratified the existing act and extended it to deal with consulters of "Devils and familiar spirits", who would now be punished with death. There were three main types of court in which accused witches could be tried. First was the Court of Justiciary in Edinburgh, which took cases from all over Scotland, with a heavy bias to the local region.
Scotland shares the Supreme Court with England, Wales and Northern Ireland for civil cases; the court's decisions are binding on the jurisdiction from which a case arises but only influential on similar cases arising in Scotland. This has had the effect of converging the law in certain areas. For instance, the modern UK law of negligence is based on Donoghue v Stevenson, a case originating in Paisley, Scotland. Scotland maintains a separate criminal law system from the rest of the UK, with the High Court of Justiciary being the final court for criminal appeals.
In fact, it was a forgery, or at least a falsification. Howison was charged at the Court of Justiciary for “treasonably causing to be printed a false, adulterate and altered Act of Parliament instead of the true and genuine Act of 1592. He was sentenced to prison, but the General Assembly petitioned the King and he was released on 7 March 1596. Back in Cambuslang, Howison brought a charge of immorality against James Hamilton of Turnelaw (one of the group who had complained about him to the Court of Session in Edinburgh).
Occasionally, an Employment Appeal Tribunal may also be used as a forum for a Scottish civil law moot. If the moot problem concerns Criminal Law, the moot will most likely be heard as though in the Appellate division of the High Court of Justiciary (commonly known as the Court of Criminal Appeal). Junior counsel is more likely to take the first moot point and senior counsel the second (this can however be reversed depending on the problem). The format of the moot is far more adversarial than that of English and Welsh moots.
The Sheriff Appeal Court can remit (transfer) a case to the Court of Session under Section 112 of the Courts Reform (Scotland) Act 2014, which allows for the Inner House to deal with complex or novel questions of law. The case can be remitted at the request of either party to a case. The Sheriff Appeal Court can refer questions of law to the High Court of Justiciary under Section 120 of the 2014 Act. The referral can be granted either at the request of either party litigant, or on the Court's own initiative.
It is set down in the History of the Speculative Society that he read a paper there on 30 November 1790 on "The Effects of Taxation on the Necessaries of Life." He qualified as an Advocate in 1791, and became Sheriff-Depute of Berwickshire in 1809. In 1813 he succeeded William Craig, Lord Craig as Lord of Session 1813, and in 1816 he succeeded Lord Meadowbank as Lord of Justiciary, at which point he adopted the title Lord Reston. He was also a Senator of the Royal College of Justice.
When founded, the Scottish Land Court and its judiciary were an administration separate to the Court of Session, the High Court of Justiciary and the sheriff courts. The Judiciary and Courts (Scotland) Act 2008 sought to create a unified judiciary for Scotland, and so the Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 transferred responsibility for the administration of the court to the Scottish Courts and Tribunal Service, and made the Chairman and Deputy Chairman part of the unified Scottish judiciary under the Lord President.
In 1709, the House ordered that no decree of the lower Scottish courts could be executed while an appeal was pending; that rule was reversed only by the Administration of Justice (Scotland) Act 1808 empowering the lower Court to determine if an appeal justified the stay of its decree. In 1713, the House of Lords began to consider appeals from Scotland's highest criminal court, the High Court of Justiciary. In 1781, when deciding Bywater v. Lord Advocate, the House recognised that before the Union, no further appeal lay.
Secondly, there are cash forfeiture proceedings, which take place (in England and Wales) in the Magistrates Court with a right of appeal to the Crown Court, having been brought by either the police or customs. Thirdly, there are civil recovery proceedings that are brought by the National Crime Agency "NCA". Neither cash forfeiture proceedings nor proceedings for a civil recovery order require a prior criminal conviction. In Scotland, confiscation proceedings are initiated by the procurator fiscal or Lord Advocate through the Sheriff Court or High Court of Justiciary.
Reed was Standing Junior Counsel to the Scottish Education Department from 1988 to 1989, and to the Scottish Office Home and Health Department from 1989 to 1995. He was appointed Queen's Counsel in 1995, and Advocate Depute in 1996. He was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, the country's College of Justice, in 1998, with the judicial title, Lord Reed. He sat initially as a Judge of the Outer House, becoming Principal Commercial Judge in 2006.
Edinburgh and Leith Post Office Ditectory, 1775-6 Robert was educated at the High School and then the University of Edinburgh. He was admitted to the Faculty of Advocates in 1764, and served as a Senator of the College of Justice (1796-9), and as Lord of Justiciary (1799–1810). His position as Senator followed the death of James Erskine, Lord Alva.An Historical Account of the Senators of the College of Justice: Brunton, Haig and Lockhart In 1783 he was a joint founder of the Royal Society of Edinburgh.
In 2005 there were more than 150 QCs in Scotland. The appointment of Queen's Counsel is made on the recommendation of the Lord Justice General to the First Minister of Scotland, formerly the Secretary of State for Scotland. In the 1990s, rules were changed so that solicitors with rights of audience in the Court of Session or High Court of Justiciary were permitted to apply for appointment, and two or three have done so. A solicitor advocate who is so appointed is correctly designated as Queen's Counsel, Solicitor Advocate.
In 1328 he was appointed Justiciary of 'that part of Scotland on the North side of the Water of Forth,' his main estate being close to Elgin in the province of Moray. The Exchequer Rolls record that "Roberto de Lawedir de Moravia, knight", received annual fees from the Exchequer in 1329. Thirty five years later, on 1 October 1363, in a charter of the Great Seal of Scotland (no.163), King David II confirmed a pension of £20 per annum upon the ageing "Robert de Lawedre, militi," from this post.
The High Court of Justiciary was as emphatic in its rejection of the relationship between the proposed Sentencing Council and any appeal court finding the proposals "unsatisfactory, unworkable and unacceptable." Agreeing with both the Faculty of Advocates and Sheriffs' Association that it would erode judicial independence. The High Court concluded it would remove the Court of Criminal Appeal as the final arbiter of sentencing policy, and removing any discretion or ability to direct from the appeal courts. They asserted it remove any separation of powers between the judiciary, executive, and legislature.
Its development next took it through O' Tipraite and Ua Tibraide then as evident in the Great Book of Lecan and the Book of Ballymote from the 14th century. The name is recorded in the Justiciary Rolls of County Carlow of 1311 in the form of a person named Fiachra O' Tybryth, this was during the reign of king Edward II of England, Lord of Ireland with the introduction of personal tax for citizens. During the 16th century with linguistic developments the more modern spellings of Tubridd, Tubritt, Tubbred, and Tibrud are in clearer evidence.
The Act of Union 1707 unified the Kingdom of Scotland and the Kingdom of England to form Great Britain. Article 19 of the Act confirmed the continuing authority of the College of Justice, Court of Session and Court of Justiciary in Scotland.M. Gardiner, Modern Scottish Culture (Edinburgh: Edinburgh University Press, 2005), , p. 100.See Act of Union 1707, Wikisource Article 3, however, merged the Parliament of Scotland with the Parliament of England to form the Parliament of Great Britain, with its seat in the Palace of Westminster, London.
Appeal decisions by English judges raised concerns about this appeal to a foreign system, and in the late 19th century Acts allowed for the appointment of Scottish Lords of Appeal in Ordinary. At the same time, a series of cases made it clear that no appeal lay from the High Court of Justiciary to the House of Lords. Today the Supreme Court of the United Kingdom usually has a minimum of two Scottish justices to ensure that some Scottish experience is brought to bear on Scottish appeals.Profiles: UK Supreme Justices, BBC News, 30 September 2009.
The holder is also the Chief of Clan Fraser of Lovat. The first Lord Lovat was one of the hostages for James I on his return to Scotland in 1424, and in 1431 he was appointed high sheriff of the county of Inverness. The second Lord Lovat, Thomas, held the office of justiciary of the north in the reign of James IV, and died 21 October 1524. The title descended in a direct line for nine sequential generations from 1458 until the death of the ninth Lord in 1696.
On 24 July 2009, Al Megrahi's legal team made a request for him to be released from prison on compassionate grounds. Although it was not a precondition for compassionate release, his defence counsel lodged a request to abandon his second appeal on 12 August 2009, shortly after his private meeting with the Justice Secretary in Greenock jail on 4 August 2009. The abandonment of Megrahi's appeal was accepted by the High Court of Justiciary on 18 August 2009. Megrahi had developed prostate cancer, which is usually survivable but can be deadly.
At the same time, a series of cases made it clear that no appeal lay from the High Court of Justiciary to the House of Lords. Today the Supreme Court of the United Kingdom usually has a minimum of two Scottish justices to ensure that some Scottish experience is brought to bear on Scottish appeals.Profiles: UK Supreme Justices, BBC News, 30 September 2009 Scots law has continued to change and develop in the 20th century, with the most significant change coming under devolution and the reformation of the Scottish Parliament.
A commission of justiciary was a method of law enforcement employed in Scotland, in particular in the 16th and 17th centuries. In an era when the practical reach of central government was limited, the issuing authority (generally the king) would issue a commission to a single individual or a number of individuals authorising and requiring him or them to take steps to deal with the particular problem with which the authority was concerned. The problem might consist in a particular crime, a particular criminal or criminals, or wider local disorder.
He was also appointed a lord justiciary on 4 August 1808, in the place of Sir William Nairne of Dunsinnam.Kay, John George Fergusson, Lord Hermand Kay's Originals I CLVI(392) Edinburgh Bookshelf. Retrieved 18 February 2012 He resigned both these offices in 1826. Fergusson was both eccentric and a heavy drinker. An etching of Hermand by John Kay is in the first volume of ‘Original Portraits’ (No. 156). His portrait also appears along with those of the other judges in the ‘Last Sitting of the Old Court of Session, 11 July 1808’ (vol. ii.
Having been educated for the Bar, he was admitted to the Faculty of Advocates on 26 February 1717. He succeeded Sir John Lauder, Lord Fountainhall as an Ordinary Lord in the Court of Session, as Lord Milton, taking his seat on 4 June 1724. On 22 August 1726 he was appointed a Lord of Justiciary in place of James Hamilton of Pencaitland, who had resigned. The following year Lord Milton was named by Letters Patent, dated 5 July, as one of the Commissioners for improving the fisheries and manufactures of Scotland.
Scots law, a hybrid system based on both common-law and civil-law principles, applies in Scotland. The chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases. The Supreme Court of the United Kingdom serves as the highest court of appeal for civil cases under Scots law. Sheriff courts deal with most civil and criminal cases including conducting criminal trials with a jury, known that as Sheriff solemn Court, or with a Sheriff and no jury, known as (Sheriff summary Court).
In Scotland the chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases. Sheriff courts, as they deal with both criminal and civil caseloads, have no equivalent outside Scotland. Certain tribunals for administrative law cases have UK-wide jurisdiction, notably those dealing with immigration—the Upper Tribunal (Immigration and Asylum Chamber) and Special Immigration Appeals Commission—military and national security, competition and intellectual property, and a few others. Similarly, the Employment Appeal Tribunal has jurisdiction throughout Great Britain but not in Northern Ireland.
The focal point of the town is the Desmond Castle, which stands in the center of the town on a rocky island on the river Deel. This noble building has protected Askeaton since 1199, when the castle and its rights were given to Hamo de Valoignes, the Justiciary of Ireland between 1197 and 1199. In the Annals of Inisfallen, William de Burgo is recorded as having been granted the castle and estates by the king of Thomand, Dónal Mór. in 1348 Maurice FitzGerald, 1st Earl of Desmond paid 40 shillings for the barony of Lystifti.
This scheme was withdrawn by the British Council. In January 2009, a replacement scheme began. Lawyers qualified in other European Union states (but not in England and Wales) may have limited rights of audience in the Scottish supreme courts if they appear with an advocate, and a few solicitors known as 'solicitor-advocates' have rights of audience, but for practical purposes, advocates have almost exclusive rights of audience in the supreme courts – the High Court of Justiciary (criminal), and the Court of Session (civil). Advocates share the right of audience with solicitors in the sheriff courts and justice of the peace courts.
Caithness originally formed part of the shire or sheriffdom of Inverness, but gradually gained independence: in 1455 the Earl of Caithness gained a grant of the justiciary and sheriffdom of the area from the Sheriff of Inverness. In 1503 an act of the Parliament of Scotland confirmed the separate jurisdiction, with Dornoch and Wick named as burghs in which the sheriff of Caithness was to hold courts. The area of the sheriffdom was declared to be identical to that of the Diocese of Caithness. The Sheriff of Inverness still retained power over important legal cases, however, until 1641.
Boot A trial was thought superfluous, but Gordon was examined several times in reference to his knowledge of the Rye House plot. His depositions on these occasions, viz. 30 June, 5 July, and 25 September 1683, with Nisbet's letter, and his own commission from the ‘societies’ in Scotland, were printed at length by Thomas Sprat in his True Account of the Horrid Conspiracy against the late King. On 16 August he had been brought to the bar of the justiciary court, and the sentence of death and forfeiture was passed upon him, and 28 September was fixed as the date of his execution.
It had been retrieved from her purse when she was arrested and her inquisitors considered it was to make an effigy. She denied their claims, stating it was to produce a treatment for Lady Bellenden's colic. The long-standing acrimony between Patie and his brothers continued unabated; on 24 June 1596 John Stewart, Earl of Carrick was accused at the justiciary court in Edinburgh of scheming with Balfour to poison his brother, Patie. John Stewart defended himself by asserting that the confession should be ignored, as it was retracted and had only been obtained under torture.
In 2006, Turnbull was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, the Supreme Courts of Scotland, with the judicial title, Lord Turnbull. He was at the time Scotland's youngest judge, at the age of forty-seven. He sits in the Outer House. One of his first cases on the Bench was Sheridan v News International, the Tommy Sheridan libel case against the publishers of the News of the World where he, perhaps controversially, effectively set aside the decision of the jury which was in favour of Sheridan.
In January 1997 an expert from the SCRO identified the left thumb print of DC Shirley McKie, a murder squad detective with Strathclyde Police, as coming from the bathroom door frame inside the house in Kilmarnock of murder victim, Marion Ross. Three other SCRO experts confirmed this thumb print identification but another five SCRO experts, who were asked to do so, refused. Nonetheless DC McKie, who denied ever having been inside the house, was charged with perjury. In May 1999 the Scottish High Court of Justiciary rejected the SCRO fingerprint evidence, and Shirley McKie was unanimously found not guilty of perjury.
HM Advocate v Ross was a 1991 Scots criminal law case decided by the High Court of Justiciary.1991 SLT 564, 1991 JC 210. The defendant had been charged with violently attacking others in a public house, but was allowed to go free on the premise that he was in a state of non-self-induced automatism. Others in the bar had slipped LSD and other drugs into his beer without him knowing, and there was only a small amount of alcohol he had been drinking so he was not responsible for his intoxication which led to the violent actions.
An Act of Adjournal is secondary legislation made by the High Court of Justiciary, the supreme criminal court of Scotland, to regulate the proceedings of Scottish courts hearing criminal matters. Now primarily derived from the Criminal Procedure (Scotland) Act 1995, the original power to create Acts of Adjournal is derived from an Act of the Parliament of Scotland of 1672. Before promulgation, Acts of Adjournal are reviewed and may be commented upon by the Criminal Courts Rules Council. Following Scottish devolution and the establishment of the Scottish Parliament, Acts of Adjournal are made as Scottish Statutory Instruments.
The judicial business of the Lords was supervised by the Senior Lord of Appeal in Ordinary and their deputy, the Second Senior Lord of Appeal in Ordinary. The jurisdiction of the House of Lords extended, in civil and in criminal cases, to appeals from the courts of England and Wales, and of Northern Ireland. From Scotland, appeals were possible only in civil cases; Scotland's High Court of Justiciary is the highest court in criminal matters. The House of Lords was not the United Kingdom's only court of last resort; in some cases, the Judicial Committee of the Privy Council performs such a function.
The Inner House always sits as a panel of at least three senators and with no jury. Unlike in the High Court of Justiciary, there is a right of appeal to the Supreme Court of the United Kingdom of cases from the Inner House. The right of appeal only exists when the Court of Session grants leave to this effect or when the decision of the Inner House is by majority. Until the Constitutional Reform Act 2005 came into force in October 2009, this right of appeal was to the House of Lords (or sometimes to the Judicial Committee of the Privy Council).
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled Senators of the College of Justice or Lords of Council and Session.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.
Between 1988 and 1992, Philip was Chairman of the Medical Appeal Tribunals, and in 1993 became Chairman of the Scottish Land Court and President of the Lands Tribunal for Scotland. In 1996, Philip was appointed a Lord of Session and Lord Commissioner of Justiciary, a judge of the Court of Session and High Court, taking the judicial title, Lord Philip. He served for a time on the Judicial Studies Committee for Scotland, and was elevated to the Inner House in 2005. As is customary with such appointments, he was appointed to the Privy Council, affording him the style, The Right Honourable.
Emslie served as Standing Junior Counsel to the Forestry Commission and Ministry of Agriculture and Fisheries from 1981 to 1982, and to the Inland Revenue from 1982 to 1986. In 1988, he became part-time Chairman of the Medical Appeal Tribunals, serving until 1997, when he became Dean of the Faculty of Advocates, a position his father held from 1965–70. He was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's supreme courts, in 2001, replacing Lord Prosser. His father was present at his installation.
The Scottish Sentencing Council is an independent advisory non-departmental public body in Scotland, with that exists to ensure consistency in sentencing in the High Court of Justiciary, sheriff courts, and justice of the peace courts. It has been established to improve public confidence in sentencing in Scotland, and at the same time ensure judicial independence. It is chaired by the Lord Justice Clerk (the second most senior judge in Scotland), and its membership is composed of 5 members of the judiciary, 3 lawyers, and 3 lay members. It has been established to ensure consistency and transparency.
Lord Hardie was appointed a Judge of the Court of Session and High Court of Justiciary in March 2000. In 2008, a review of judicial performance named him as "Scotland's worst judge". The figures showed that eighty-four sentences imposed by Hardie had been overturned on appeal, all having been reduced, while two convictions were overturned, although both these convictions arose from the one case, in which it was found Hardie had misdirected the jury on a point of law. Hardie was appointed to the Inner House of the Court of Session in 2010 and retired on 31 December 2012.
The defendant has no right to choose a jury trial, nor can a victim on their own decide to press charges, as the decision on whether to try by jury or summarily belongs to the prosecutor."Although Scotland did not have the principle of 'legality' as in some foreign jurisdictions where the prosecutor has no discretion..."p. 46 . There is a very exceptional mechanism however, called a bill for criminal letters, where a victim of a crime can petition the High Court of Justiciary for permission ('to pass the bill') to prosecute; akin to private prosecution in other jurisdictions.
The police then charged at them in two divisions and there were some cuts and bruises on both sides, but the demolition work then went on uninterrupted. Among the incidents of eviction mentioned by historian Alexander Mackenzie was that of an old woman who attacked an officer with her stick, knocking off his hat, but she was then carried out by two police officers. Four of the men were later charged with deforcing the officers and were each sentenced to four months imprisonment at the Inverness Court of Justiciary. The following year the whole district was completely cleared of the remaining inhabitants.
In 1673 he married Lady Jean Carnegie, eldest daughter of David Carnegie, 2nd Earl of Northesk, and thereby incurring the king's displeasure, was forbidden to appear at court. Retiring to the country he occupied his leisure in study. On the death of his wife, six years afterwards, he was permitted to return to court, and on 3 June 1680 was made a privy-councillor and in 1682 sheriff of Fife. Along with Claverhouse he took active measures against the covenanters in Fife, and in January 1686 obtained a commission to hold with him a justiciary court for their trial.
The family descends from the politician and judge Gilbert Elliot, who served as a Lord of Session under the judicial title of Lord Minto. In 1700 he was created a baronet, of Minto in the County of Roxburgh, in the Baronetage of Nova Scotia. He was succeeded by his son, the second Baronet. He was also a prominent judge and politician and served as a Lord of Session (under the judicial title of Lord Minto) from 1726 to 1733, as a Lord of the Justiciary from 1733 to 1765 and as Lord Justice Clerk from 1763 to 1766.
Dudhope Castle, home of Viscount Dundee. In 1684, he married Lady Jean Cochrane, daughter to William Cochrane, 1st Earl of Dundonald, a staunch Covenanter. Shortly after the death of Charles II in 1685, Claverhouse incurred a temporary disgrace – he stood up for the rights of ordinary soldiers who were being poorly treated – by his deposition from the office of privy councillor; but he was reinstated in May, although his commission of justiciary, which had expired, was not renewed. In 1686, he was promoted to the rank of major-general, and given the additional position of Constable, the dignity of Lord Provost of Dundee.
In lieu of the financial interests of the Treasury, the High Court of Justiciary, will therefore sometimes regard cases brought by the Procurator Fiscal similarly to those of the Inland Revenue prosecution. Accordingly, an armorial offender was viewed as sternly as any other evading national taxation. This is in contrast to the Court of Chivalry in England, which has similar powers to the Lyon Court, but is a civil court, and has met only once in the last 230 years, in 1954, and is unlikely to sit again unless for a substantial cause. Historically the punishment for the usurpation of arms were severe.
Its judges were increasingly able to control entry to their own ranks. In 1605 the professionalisation of the bench led to entry requirements in Latin, law and a property qualification of £2,000, designed to limit the danger of bribery, helping to create an exclusive, wealthy, powerful and professional caste, who also now dominated government posts in a way that the clergy had done in the Middle Ages.Wormald, Court, Kirk, and Community: Scotland, 1470–1625, pp. 154–5. In 1672 the High Court of Justiciary was founded from the College of Justice as a supreme court of appeal.
Matthews served as Standing Junior Counsel to the Department of Employment from 1984 to 1988, and as an Advocate Depute from 1988 to 1993, having been appointed Queen's Counsel in 1992. He was appointed a Temporary Sheriff in 1993, and in 1997 became a full-time Sheriff of Glasgow and Strathkelvin. In 2004, whilst still serving as a Sheriff, he was appointed a Temporary High Court Judge, and in 2007 was raised fully to the Bench of the Supreme Courts of Scotland, as Lord Matthews. He sits in the High Court of Justiciary and the Outer House of the Court of Session.
This delegated legislation has legal effect in Scotland so far as the specific provisions of the statutory instrument are duly authorised by the powers of the Act, a question which can be subjected to judicial review. The Scottish Parliament is a devolved unicameral legislature that has the power to pass statutes only affecting Scotland on matters within its legislative competence. Legislation passed by the Scottish Parliament must also comply with the Human Rights Act 1998 and European law, otherwise the Court of Session or High Court of Justiciary have the authority to strike down the legislation as ultra vires.
Rothesay Castle and tolbooth 1680 The Bute witches were six Scottish women accused of witchcraft and interrogated in the parish of Rothesay on Bute during the Great Scottish Witch Hunt of 1661–62. The Privy Council granted a Commission of Justiciary for a local trial to be held and four of the women – believed by historians to be Margaret McLevin, Margaret McWilliam, Janet Morrison and Isobell McNicoll – were executed in 1662; a fifth may have died while incarcerated. One woman, Jonet NcNicoll, escaped from prison before she could be executed but when she returned to the island in 1673 the sentence was implemented.
As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office ex officio by virtue of being Lord President of the Court of Session, and his depute is the Lord Justice Clerk.
The High Court has jurisdiction over all crimes in Scotland unless restricted by statute. The High Court has exclusive jurisdiction over serious crimes such as treason, murder, and rape and, in practice, deals with armed robbery, drug trafficking, and sexual offences involving children (over which it shares jurisdiction with the sheriff court). Court entrance the High Court of Justiciary situated at the Saltmarket in Glasgow As a court of first instance the court sits regularly in various places in Scotland, with permanent seats in Edinburgh, Glasgow and Aberdeen. There are sittings when required in Dumbarton, Lanark, Livingston, Paisley and Stirling.
Trials in the High Court are usually jury trials, with a single Lord Commissioner of Justiciary presiding (although two or more judges may sit in important or difficult cases) with a jury of fifteen individuals; in Scotland this is known as solemn proceedings. Under the Scottish legal system, the jury can convict on a majority verdict of at least eight jurors, and need not return a unanimous verdict. The Scottish legal system also permits a verdict of 'not proven' as well as verdicts of 'guilty' or 'not guilty'. Juries may add a rider to their verdict as additional commentary on their verdict.
The Lord Justice General, Lord Justice Clerk and the Lords Commissioners of Justiciary can only be removed office after a tribunal has been convened to examine their fitness for office. The tribunal is convened at the request of the Lord Justice General (in his capacity as Lord President,) or in other circumstances if the First Minister sees fit. However, the First Minister must consult the Lord Justice General (or the Lord Justice Clerk, if the Lord Justice General is under investigation). Should the tribunal recommend their dismissal the Scottish Parliament can resolve that the First Minister make a recommendation to the Monarch.
Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction. There is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom, the highest court.
For this conduct Sharp and five other ministers were confined in Blackness Castle and served with an indictment to stand their trial for high treason before the court of justiciary at Linlithgow. There they were found guilty in January 1606, and on 23 October banished for life (ib. pp. 83–5, 101–5, 112, 123–5, 134, 199) Sharp went to France, where in 1608 he was appointed professor of theology in the college of Die in Dauphiné. In 1618 Archbishop Spotiswood asserted that Sharp had written to him beseeching him to obtain his recall and promising submission.
A Scottish statutory instrument (; SSI) is subordinate legislation made by the Scottish Ministers or a regulatory authority in exercise of powers delegated by an Act of the Scottish Parliament. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the Queen-in-Council. The Interpretation and Legislative Reform (Scotland) Act 2010 defines what a Scottish statutory instrument is. Before this Act, SSIs were governed by the Statutory Instruments Act 1946, which continues to govern UK statutory instruments.
Edinburgh is the centre of Scotland's government and legal system. As a consequence many government departments and public sector agencies are headquartered in the city as well as the High Court of Justiciary and the centres of Scotland's legal establishment. As a centre of Scots law, the legal profession has had a long presence in Edinburgh, with many premises in the New Town belonging to legal practices and firms. Many ancillary economic undertakings and political pressure groups have thus set up around this new seat of government leading to a boom in the recruitment and employment of public sector officials.
In 1593, Robert Galbraith of Culcreuch was given a Commission of Justiciary to pursue the outlawed Clan Gregor. The MacAulays and Colquhouns were, however, suspicious of Culcreuch's real intentions. On 3 May 1593, the chiefs of the two clans complained to the Privy Council that Culcreuch had only purchased the commission under counsel from George Buchanan, and that Culcreuch had no intention of harassing the MacGregors. The MacAulays and Colquhouns feared that it was much more likely that the Galbraiths, allied with the Buchanans, would direct their vengeance against themselves under the guise of hunting and clearing Clan Gregor from the Lennox.
The history of the procurator fiscal is similarly difficult to set down with exactness, though the role has developed significantly over time. The first document reference appears in the Records of the Parliament of Scotland for 22 August 1584, naming several procurators fiscal in Edinburgh. The fiscal was an officer appointed by, and accountable to, the Sheriff, who by the 18th Century was responsible for most prosecutions in local areas. By the nineteenth century advocates depute were first appointed, to assist him in conducting cases in the High Court of Justiciary and the Crown Office was first established.
The case was then deferred to March and again the accused failed to appear. The following May saw the Bond of Manrent between MacAulay of Ardincaple and MacGregor of Glenstrae, in which both chiefs swore to assist each other, their "kin and friends in all their honest actions against whatsoever person or persons the Kings Majesty being only excepted". In spring of 1593, Robert Galbraith, Laird of Culcreuch, purchased a Commission of Justiciary (or a " Letter of Fire and Sword" used to legally attack and destroy another clan) to pursue Clan Gregor and "their ressetters and assisters".
He was, along with Simon Lord Lovat, John Grant of Grant, Lachlan Mackintosh of Mackintosh, Ross of Balnagown, Hector Munro of Fowlis, and others, chosen an assistant Commissioner of justiciary for the counties of Elgin, Nairn, and Inverness, in March 1592–93. He was appointed a member of the Privy Council in June 1592, but he appears not to have accepted the office on that occasion. However, he accepted the position soon after, for it is recorded under date of 5 July 1593, that "Colin Mackenzie of Kintail being admitted of the Privy Council gave his oath," in common form.
She was now accused by person or persons unknown of "the using of sorcerie, witchcraft and incantatione, with invocation of spretis of the devill, continewand in familiarite with thame, at all sic tymes as sche thocht expedient, deling with charmes, and abusing pepill with devillisch craft of sorcerie foirsaid .. usit thie divers yeiris bypast".The Scotsman This was in 1576, thirteen years after Scotland had passed the Witchcraft Act.The Scotsman She was taken to the High Court of Justiciary in Dalkeith 20 September 1576 and on 8 November she was found guilty and sentenced to be strangled and then burntHenderson, Page 14 on Castle Hill in Edinburgh.Chalmers, Page 72.
Index to Leyden Students, p. 59 Lord Fountainhall was admitted as an Advocate on 5 June 1668, and was counsel for the Earl of Argyll at his trial, 12 & 13 December 1681, and was also one of the advocates chosen by the Duchess of Monmouth to defend her interests during her husband's trial on 15 February 1686. He was called to the Bench on 1 November 1689 as a Lord Ordinary in the Court of Session with the title Lord Fountainhall. He was appointed on 27 January 1690 a Lord of Justiciary, which he resigned after the Union of parliaments, which he had opposed.
Lord Fountainhall left a large collection of legal opinions and papers, including some that record Court of Session proceedings from 1678 to 1712, which also note the transactions of the Privy Council of Scotland, and those of the Courts of Justiciary and Exchequer, works compiled with anecdotes of the times and much characteristic ingenuity of observation, to which professional lawyers still turn today. Lord Fountainhall died at Edinburgh and was interred in the Lauder vault within Greyfriars Kirk. His Testament dated 2 December 1706 was not Proved until more than sixteen years later. He was succeeded in the baronetcy by his son Sir John Lauder, 3rd Baronet.
Roughead held the title of Writer to Her Majesty's Signet as a Scottish solicitor. As the years progressed, Roughead practised law less and increasingly plied a trade as an unofficial historian of crime. He marks this transition from the year 1889, when at the age of nineteen, he skipped his apprentice work at the law firm of Maclaren and Traquair to attend the trial of Jessie King, the murderous baby- farmer of Stockbridge (an experience he described in his essay "My First Murder: Featuring Jessie King", In Queer Street, 1932). For roughly the next six decades, Roughead attended almost every murder trial of any importance at the High Court of Justiciary.
Charles Gordon Huntly (Aberdeen: The New Spalding Club, 1894), p. 401 In 1479 he was justiciary north of the River Forth, one of his primary duties was the suppression of feuds between Highland clans. In 1497 George Gordon was appointed High Chancellor of Scotland, the honour probably bestowed at the same time as his daughter Catherine married Perkin Warbeck, an adventurer in favour with King James IV of Scotland.The records of Aboyne MCCXXX-MDCLXXXI, ed. Charles Gordon Huntly (Aberdeen: The New Spalding Club, 1894), p. 409 George was Chancellor until 1500.The Scots Peerage, Founded on Wood's Edition of Sir Robert Douglas's Peerage of Scotland, ed. James Balfour Paul, Vol.
The Reporter may take other steps short of arranging a hearing, for example arrange for some form of restorative justice. In 2012–13, 4,472 of the 22,348 referrals received (20%) were referred to a hearing as new grounds and 36.39% of referrals did not require compulsory measures of supervision. Any child generally under the age of 16, or under the age of 18 but still subject to a compulsory supervision order (CSO), who offends is referred to a hearing unless the area procurator fiscal decides that the seriousness of the case merits prosecution in either a sheriff court or the High Court of Justiciary.
Historically appointments were made on the advice of the Lord Advocate, which in 1999 raised questions of judicial independence from the executive. A conviction was overturned by the High Court of Justiciary Appeal Court on the grounds that a temporary sheriff was not independent in terms of Article 6 of the European Convention on Human Rights as he was appointed by the Lord Advocate for 1 year, and could be dismissed at will. Given that the Lord Advocate is also the chief public prosecutor for Scotland this meant the sheriff could be concerned about making a judgment that could see them removed from office. The Bail, Judicial Appointments etc.
Bruce was born at Kennet House in Clackmannanshire on 24 December 1718, the son of Mary Balfour, daughter of Robert Balfour, 4th Lord Burleigh and Alexander Bruce of Kennet (died 1747).An Historical Account of the Senators of the College of Justice: Brunton, Haig and Lockhart He was admitted to the Faculty of Advocates in January 1743. He served as Professor of Law of Nature and Nations at the University of Edinburgh (1758–64) and was appointed Sheriff-Depute of Stirling & Clackmannan in 1760. He was elected a Senator of the College of Justice, as Lord Kennet, in 1764 and Lord of Justiciary in 1769.
Joshua Kirby in 1748. Sabyn was admitted a freeman of Ipswich in 1519, and in August 1527 acted swiftly to win the appointment as successor to Sir Edward Echyngham in the controllership of the Ipswich customs.S.J. Gunn, Charles Brandon, Duke of Suffolk, c.1484-1545 (Oxford 1988), pp. 98-99. He served as one of the two Bailiffs elected annually to the Assembly of Ipswich in 1536-1537 and in 1539-1540, in conjunction with which he held justiciary powers:Pound, 'Sabine, William', History of Parliament. in 1537 he was elected an Ipswich Portman, under proviso that he obtain the king's license to occupy the office, which he held until his death.
He was elected Vice-Dean of the Faculty of Advocates in 1983, serving until his appointment to the Bench. In 1992, he was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts, with the judicial title, Lord Abernethy, and promoted to the Inner House of the Court of Session in 2005, being appointed to the Privy Council. He was one of the four judges in the original Pan Am Flight 103 bombing trial. He was Vice- Chairman of the Judges' Forum of the International Bar Association from 1993 to 1994, and Chairman from 1994 to 1998.
The Court of Session (; ) is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the pursuer is given first choice of court.
Painting of Adare Manor, 1879 The first mention of a manor on the land is following the Norman invasion of Ireland. In 1226, King Henry III gave a grant to Justiciary of Ireland Geoffroi de Morreis (de Marisco) to hold an eight-day annual fair following the Feast of St. James at his Manor of Adare. The lands subsequently were granted to the Earls of Kildare, members of the Welsh-Norman FitzGerald family who came to Ireland in 1169. In 1536, the act of attainder was passed against Thomas FitzGerald, 10th Earl of Kildare, whose lands, castles and manors were forfeited to the crown.
Accordingly, it has no more legal effect than the fact of incompatible. Section 4(4) allows the court to issue a declaration of incompatibility if altering secondary legislation is impossible because it would necessarily conflict with a statute. Following amendment by the Constitutional Reform Act 2005, the Armed Forces Act 2006 and the Mental Capacity Act 2005, courts which are entitled to issue a declaration of incompatibility are the Supreme Court, the Judicial Committee of the Privy Council, the Courts Martial Appeal Court, the High Court and Court of Appeal (England and Wales and Northern Ireland), and the High Court of Justiciary (Scotland) and Court of Protection in particular roles.
He was the eldest son of Robert Nairne of Muckersie, and afterwards of Strathord, both in Perthshire, by Margaret, daughter of Sir John Preston of Penicuick, Midlothian, lord-president of the court of session. Like his father, he became a member of the Faculty of Advocates. With other royalists Nairne was captured by a detachment from General George Monck at Alyth, Forfarshire, 28 August 1651, and sent a prisoner to the Tower of London, where he remained till the Restoration of 1660. By Charles II he was appointed a lord of session, 1 June 1661, and was knighted; and on 11 January 1671 he was appointed to the court of justiciary.
In response to the prosecution accusation that only prior knowledge could have explained the way Mitchell was able to discover the body lying behind a wall, lawyers for Mitchell said had been aided by his dog. To allow the jury to explore the plausibility of these claims, a mock-up wall was erected in the Laigh Hall, below Parliament Hall within Parliament House, across the road from the High Court of Justiciary building in Edinburgh's Old Town, where the trial was being heard. A visit by the jury to the murder scene was also arranged. Mitchell maintained his alibi, that he had been at home at the time of the murder.
The Risk Management Authority is an executive non-departmental public body of the Scottish Government with responsibility for assessing and managing the risks posed by certain serious violent and sexual offenders in Scotland. The Authority was established in 2005 by the Criminal Justice (Scotland) Act 2003. The Authority is required to assess the risk posed by serious offenders at sentencing when the High Court of Justiciary will issue a Risk Assessment Order, and will provide a Risk Assessment Report to the High Court. The judge may then issue an Order for Lifelong Restriction, at which point the authority will have to draw up a Risk Management Plan for the offender.
He served as a Temporary Sheriff from 1996 to 1997, and as Chairman of the Scottish Planning, Local Government and Environmental Bar Group from 1997 to 2001. He was appointed an Advocate Depute in January 1998, replacing Alan Turnbull QC, and became Home Advocate Depute in September that year, replacing Alastair Campbell, who resigned to concentrate on his role in the Pan Am Flight 103 bombing trial. Menzies served in this role until December 2000. Menzies was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's supreme courts, in July 2001, taking the judicial title Lord Menzies.
In Scotland, justiciars were the king's lieutenants for judicial and administrative purposes. The office was established in the 12th century, either by Alexander I or by his successor, David I. The title of 'Justiciar' was reserved for two or three high officials, the chief one—the Justiciar of Scotia—having his jurisdiction to the north of the River Forth. The Justiciar of Lothian dealt with the part of the kingdom south of the Forth-Clyde line. The role of justiciar evolved into the current Lord Justice- General, the head of the High Court of Justiciary, head of the judiciary in Scotland, and a member of the Royal Household.
He became a Lord of Session on 14 November 1782, succeeding Alexander Boswell, Lord Auchinleck, and a Lord of Justiciary on 20 April 1785, taking the judicial title Lord Eskgrove (from a small estate which he possessed near Inveresk), in place of Robert Bruce, Lord Kennet. Rae was one of the judges who tried William Brodie (died 1788) for robbing the General Excise Office in August 1788, the Rev. Thomas Fyshe Palmer for seditious practices in September 1793, William Skirving and Maurice Margarot for sedition in January 1794, Joseph Gerrald for sedition in March 1794, and Robert Watt and David Downie for high treason in September 1794.
Its judges were increasingly able to control entry to their own ranks. In 1605 the professionalisation of the bench led to entry requirements in Latin, law and a property qualification of £2,000, designed to limit the danger of bribery, helping to create an exclusive, wealthy and powerful and professional caste, who also now dominated government posts in a way that the clergy had done in the Middle Ages.J. Wormald, Court, Kirk, and Community: Scotland, 1470–1625 (Edinburgh: Edinburgh University Press, 1991), , pp. 154–5. In 1672 the High Court of Justiciary was founded from the College of Justice as a supreme court of appeal.
Lilliput is said to be ruled by an Emperor, Golbasto Momarem Evlame Gurdilo Shefin Mully Ully Gue. He is assisted by a first minister (who carries a white staff) and several other officials (who bring articles of impeachment against Gulliver on grounds of treason): the galbet or high admiral, Skyresh Bolgolam; the lord high treasurer, Flimnap; the general, Limnoc; the chamberlain, Lalcom; and the grand justiciary, Balmuff. Blefuscu is also ruled by an Emperor, who is not named. Both nations follow the teachings of a prophet, Lustrog, as recorded in their scripture, known as the Blundecral ("which is their Alcoran or Bible, we don't really know").
In 2004, she was elected Vice-Dean of the Faculty of Advocates, the first woman ever elected to this post. She stood in the election for Dean of the Faculty in 2007, but was defeated by Richard Keen QC. She was a member of the Sentencing Commission from 2003 to 2006, and of the Judicial Appointments Board for Scotland from 2005 to 2007. On 5 November 2008, it was announced she would be appointed to the Bench of the High Court of Justiciary and Court of Session, Scotland's Supreme Courts, in succession to Lord McEwan, who retired. She took the judicial title, Lady Stacey.
Unlike in England and Wales where the use of Twitter and related services is unrestricted in court, in Scotland, permission needs to be sought from both the trial judge and the Lord Justice General on a case by case basis. The granting of such permission is rare. On 18 April 2012 at 9.30 am in court 3 at the High Court of Justiciary in Edinburgh, Lord Bracadale sentenced David Gilroy to life imprisonment with a punishment part of 18 years, for the murder of Suzanne Pilley and for attempting to defeat the ends of justice. A single camera, a cameraman, and an audio technician from STV were present in court.
Scotland has several classes of judge who sit in the various courts of Scotland, and led by the Lord President of the Court of Session who is head of the Scottish judiciary by virtue of Section 2 of the Judiciary and Courts (Scotland) Act 2008. The second most senior judge is the Lord Justice Clerk, and together with the Senators they constitute the College of Justice. The Senators are referred to as Lords of Council and Session when sitting in civil cases, and Lords Commissioners of Justiciary when sitting in criminal cases. The sheriff courts are presided over by the Sheriffs Principal, Sheriffs, and Summary Sheriffs.
In 1581 Alexander Hume of Manderston and others were ordered to restore to Home certain lands. In July of the following year Home, as warden of the east marches, received a special commission to hold justiciary courts in his district. Home and his family were often opposed to the Hepburns, a rival border family whose head was the Earl of Bothwell; the feud between the Homes and the Hepburns was an old one, and it may have been the main reason why Home's father sided with the enemies of Mary during the period of her intimacy with Bothwell. This enmity led to several quarrels between Home and Bothwell.
In 1867 he purchased the lands and title of the barony of Craigie from George Makgill of Kemback. "The 1872 (Scotland) Owners of Land and Heritages return" stated that the trustees of James Alexander Guthrie of Craigie owned 309 acres in Angus. books.google.com He married Elinor, daughter of Admiral Sir James Stirling, on 24 July 1856, and they had nine children. The eldest son David Charles Guthrie succeeded his father on his death at 78 Portland Place, London, on 17 January 1873.Cases Decided in The Court of Session, Court of Justiciary, and House of Lords, From 20 July 1880, to 27 August 1881, Reported by Middleton Rettie, et al.
In 1970 he was elected Dean of the Faculty of Advocates a post which he held until 1972. Johnston was appointed to the benches of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts in 1972 as a Senator of the College of Justice with the judicial title, Lord Kincraig and remained on the bench until 1987. In 1988 he was appointed by the government to chair a committee on the general question of the early release of prisoners and the parole system in general as a consequence of rioting in UK prisons. A similar committee was established in England chaired by Lord Carlisle.
Drury v. Her Majesty's Advocate is a Scottish criminal case heard before a full bench (five judges) of the High Court of Justiciary sitting as the Court of Criminal Appeal. Stuart Drury had been convicted of killing his former partner with a hammer on concluding that she had begun a new relationship with another man. The original trial judge directed the jury that a finding of culpable homicide could only be made where the accused had not intended to kill and had not displayed enough wicked recklessness to convict of murder, and that a defence of provocation was only possible if the violence was proportionate to the provocation itself.
1877 plan of the complex, including Parliament Hall, the Signet Library and the Advocates' Library Even while the old Parliament was still in existence, parts of the buildings were used for legal cases, and afterwards this became the main function of the building. The building is now used to house the College of Justice and other connected functions. In modern times, the building is chiefly used by the Court of Session, which hears civil cases, whilst most of the work of the High Court of Justiciary, which hears criminal cases, takes place in a dedicated building on the other side of the Royal Mile which formerly housed Edinburgh's Sheriff Court.
Johann Otto von Gemmingen, Prince-Bishop of Augsburg As well as being archchancellors of the Holy Roman Empire after the 9th century, bishops generally served as chancellors to medieval monarchs, acting as head of the justiciary and chief chaplain. The Lord Chancellor of England was almost always a bishop up until the dismissal of Cardinal Thomas Wolsey by Henry VIII. Similarly, the position of Kanclerz in the Polish kingdom was always held by a bishop until the 16th century. And today, the principality of Andorra is headed by two co-princes, one of whom is a Catholic bishop (and the other, the President of France).
He spent money but read little, and disappointed his parents by failing improve himself in useful skills, preferring the bottle instead. He eventually married Jean Gordon, daughter of Sir Robert Gordon, 2nd Baronet, of Gordonstoun, Elgin, in June 1699 and was Commissioner justiciary for the Highlands in 1701 and1702. Old Culloden House Forbes succeeded his father to the Culloden estate in 1704 and became Shire Commissioner for Nairnshire in the Scottish parliament He immediately associated himself with the opposition and appears to have stayed with the Country party, at least with regard the Union, which he denounced as a road to ‘inevitable ruin, with regard to Church and state’.
However, no amount of torture could induce him to incriminate himself; and he was accordingly sent to the Tolbooth Prison where he lay until the beginning of 1677, when he was transferred to the Bass Rock. On 6 March the council framed an act, in which they declared themselves free of any promise made. On 25 March Mitchell was again brought before the court, but there being no evidence against him beyond the confession, since retracted, the lords of justiciary deserted the diet, with the consent of the lord advocate, Sir John Nisbet, Lord Dirleton. Mitchell was then returned to the Tolbooth and afterwards removed to the Bass Rock.
Fremantle (1864), p. 7 However, Magruder was delayed, and Fremantle left Brownsville on 13 April in a carriage in the company of some of his merchant friends. Their driver and his assistant, Mr Sargeant and Judge Hyde, are particularly memorable figures from Fremantle's diary, in no small part due to Fremantle's astonishment that a member of the justiciary should be working on a stagecoach.Fremantle (1864), p. 17 Later, General Longstreet would recall meeting the same two men during his own service in Texas.Fremantle (1864), p. 27 After finally meeting with General Magruder shortly after leaving Brownsville, Fremantle continued his journey across the Texan desert, dutifully recording in his diary his observations about the taste of polecat,Fremantle (1864), p.
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 resulted in the unification of the administration of the Court of Session, the High Court of Justiciary, Sheriff and Justice of the Peace courts. The Scottish Courts and Tribunals Service has the function of providing, or ensuring the provision of, the property, services, officers and other staff required for the purposes of all these courts (by virtue of section 61(1) of the 2008 Act). It has the responsibility of assisting the Scottish judiciary (by virtue of section 61(1)(b) of the 2008 Act), and assists the Lord President in his role as head of the Scottish judiciary (section 62 of the 2008 Act).
The Scottish Criminal Cases Review Commission (SCCRC) is an executive non- departmental public body of the Scottish Government, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997). The commission has the statutory power to refer cases dealt with on indictment (ie solemn procedure cases) to the High Court of Justiciary. This was extended to include summary cases by Statutory Instrument on 31 March 1999, immediately before the Commission took up its role in April 1999. Though funded by the Scottish Government, investigations are carried out independently of Scottish Ministers, with the Commission being accountable to the Scottish Parliament on matters of finance and administration.
In April 1472 he went as one of the Scottish plenipotentiaries to meet the English commissioners at Newcastle, where a truce to last from 20 April 1472 till July 1483 was concluded. He was appointed lord chief justice of Scotland in 1473; the last official mention of his name is as justiciary in 1474, but he certainly survived till 1479. 'In the time of his greatness he much enlarged his estate',Records of the Exchequer, 1474 and founded and endowed a collegiate church at Guthrie for a provost and three prebends (increased by his eldest son to eight), and confirmed by a bull from Sixtus IV, dated at Rome 14 June 1479.
He referred to a case under Scottish law – S. v. H.M. Advocate1989 SLT. 469 – in which the High Court of Justiciary held that there was no marital rape exemption in Scottish law, even if the married couple was cohabiting; in that case, the Lord Justice-General Lord Emslie questioned if a marital rape exemption was ever part of Scottish law, but even if it was, concluded that there was no good reason for it to continue: "Nowadays it cannot seriously be maintained that by marriage a wife submits herself irrevocably to sexual intercourse in all circumstances." Lord Keith stated in the judgement that there was no reason why this reasoning could not apply in English law.
The Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover. Rules for regulating civil procedure are decided upon by the Scottish Civil Justice Council before being presented to the Lords of Session for decision; the Lords of Session may approve, amend or reject the rules so presented. An Act of Sederunt, Act of Sederunt (Regulation of Advocates) 2011, devolves authority to the Faculty of Advocates to regulate admission to practice as an advocate before the Court of Session and the High Court of Justiciary; advocates are notionally officers of the court, and are de jure appointed by the court.
Sir John Wishart of Pitarrow (died 1576) was a Scottish lawyer, courtier, comptroller of the exchequer, and rebel He was the eldest son of James Wishart of Cairnbeg in the parish of Fordoun in Aberdeenshire. His grandfather, James Wishart of Pittarrow had been clerk of the justiciary court and king's advocate. John succeeded his uncle, John Wishart, in the lands and barony of Pittarrow in 1545. Pittarrow is also often spelled "Pitarro". On 14 March 1557 he joined Archibald Campbell, 4th Earl of Argyll, Alexander Cunningham, 5th Earl of Glencairn, the Lord James Stewart, and John Erskine of Dun, in signing a letter to John Knox, who was then at Geneva, inviting him to return to Scotland.
Mackay was appointed a judge of the Court of Session and High Court of Justiciary, Scotland's highest courts, in March 2000. Mackay was also one of five members of the House of Lords, in addition to the twelve Lords of Appeal in Ordinary, eligible to form the quorum of the House required to hear and determine judicial business under ss.5&25 of the Appellate Jurisdiction Act 1876. In October 2009 the judicial functions of the House of Lords were transferred to the new Supreme Court of the United Kingdom under Part 3 of the Constitutional Reform Act 2005, with the twelve Lords of Appeal in Ordinary becoming the inaugural Justices of the Court.
Three years later, he was ordained to the priesthood on 26 May 1713. On the same day, he was appointed curate at Barrenger's Close meeting-house in Edinburgh, and in 1733 he became Incumbent of the meeting-house; a post he kept until his death. In 1716, he and other clergy in Edinburgh were prosecuted by the Commission of the Justiciary for not praying for King George I. He was prohibited from the ministry and fined. In 1719, he married Isobel Cameron, daughter of the Reverend John Cameron, Incumbent of Kincardine-in-Menteith. They had two children: an unnamed daughter (died before 1757), and Catharine who married Stewart Carmichael, an Edinburgh merchant, in 1752.
Upon his marriage to Catherine Stirling around 1358, he consolidated his already large maternal inheritance, with that of his wife, which would add to the extensive landholdings of the Earldom of Crawford in north-east Scotland and elsewhere. Lindsay was knighted before 1368, He was party to a truce with England as "Chevalier et Baron" in 1369. He sealed with his nephew the settlements of the Crown (1371–1373) and was Justiciary in the North possibly as early of 1371 but definitely by 1373. He had many safe-conducts from the English kings Edward III and Richard II, and on December 1381, he obtained a passport to travel through England on a pilgrimage to the Holy Land.
Guideline judgments can be issued by the High Court of Justiciary (sitting as the Court of Appeal) and the Sheriff Appeal Court. The High Court guideline can issue guideline judgments under powers granted by Sections 118(7) and 189(7) of the Criminal Procedure (Scotland) Act 1995, and power to issue guidelines judgments is granted to the Sheriff Appeal Court by Section 48 of the Courts Reform (Scotland) Act 2014. In guideline judgments the judges or Appeal Sherrifs can give guidance on how sentencing should be handled in similar cases. Such guidelines are binding on other judges and sheriffs (for High Court guideline judgments) and on other sheriffs (for Sheriff Appeal Court judgments).
Drummond Young was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's supreme courts, in July 2001, taking the judicial title, Lord Drummond Young. He formerly sat in the Outer House, and was appointed to the Inner House in June 2013. On 1 January 2007, Lord Drummond Young succeeded Lord Eassie for a five-year term as Chairman of the Scottish Law Commission, an advisory board to the Scottish Government which reviews, and recommends reform of, the Law of Scotland. Lord Drummond Young demitted office in December 2011, but continued as Acting Chairman until Lady Clark of Calton was appointed Chairman in June 2012.
A regality was a territorial jurisdiction in old Scots law which might be created by the King only, by granting lands to a subject in liberam regalitatem, and the tract of land over which such a right extended. A lord of regality had a civil jurisdiction equal to that of the King's sheriff, and more extensive criminal jurisdiction, equivalent to that of the High Court of Justiciary (except for treason). A regality was a superior jurisdiction to a barony and might be exercised over baronies within the regality. The jurisdiction was exercised by the regality court, usually presided over by the bailie or his deputy, and composed of the suitors of court, who held lands by suit of court.
In Scotland, the Order for Lifelong Restriction was implemented by the Criminal Justice (Scotland) Act 2003, which gives a judge of the High Court of Justiciary the power to impose a sentence for serious violent and sexual offences, that includes the life imprisonment or detention of the offender. The offender is subject to a process of risk assessment and risk management by the Risk Management Authority through a Risk Management Plan, which includes ways to manage the risks from the offender in prison and, where allowed by risk assessment, through release on licence. Should an offender be released from prison or detention they will be subject to more intensive supervision, treatment, and monitoring.
Thus R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting the European Union, where "Miller" is Gina Miller, a citizen. Until the end of the twentieth century, such case titles used the pattern R v Secretary of State for Exiting the European Union, ex parte Miller. In Scotland, criminal prosecutions are undertaken by the Lord Advocate (or the relevant Procurator Fiscal) in the name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for "His/Her Majesty's Advocate" in place of Rex or Regina, as in HMA v Al Megrahi and Fahima.
Local ecclesiastical sites prospered at different times, The medieval parish of Straffan lies on the border of the Diocese of Dublin (boundaries established 1111), to the south of Taghadoe Parish (Teach Tua), bounded on the west by Mainham, south by Bodenstown and Whitechurch, and east by Killadoon and Castledillon. Ecclesiastical sources refer to Straphan Register of the Hospital of St. John the Baptist 1245, the Calendar of Justiciary Rolls 1306 and the Regal Visitation 1530 which describes Straffan as 'a church of the deanery of Saltu Salmonis. In 1541 Straffan was united with Castledillon, Donacumper and Kildrought. Straffan Church of Ireland The last Catholic Parish Priest of Castledillon died in 1707 after which the parish was joined with Straffan.
Bara, anciently spelt Baro, is an agricultural parish in East Lothian, Scotland, which adjoins the parish of Garvald to the east, and Lauder across the Lammermuir Hills. It is south-west of Haddington. About 1340, Robert de Lawder, Justiciary, was a witness, with James Lord Douglas, Robert de Keith, Henry St.Clair, Alexander de Seaton, all knights, plus the "Lord" William, Rector of the parish of Morham, East Lothian, to a charter of Euphemia, the widow of Sir John Giffard, Lord of Yester, relating to the tenement of land of 'Barow'. This was once a separate community and parish, with its own church and graveyard, which stood in a corner of Linplum farm to this day called kirk field.
Woolman served as Standing Junior Counsel to the Office of Fair Trading from 1991 to 1995, to the Procurement Executive of the Ministry of Defence from 1991 to 1995, and to the Inland Revenue from 1996 to 1998. He was appointed a Queen's Counsel in 1998 and served as Advocate Depute from 1999 to 2002. He was keeper of the Advocates' Library and a trustee of the National Library of Scotland from 2004 to 2008, and chairman of the Scottish Council of Law Reporting from 2007 to 2008. He was appointed Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session, the Supreme Courts of Scotland, in 2008, as Lord Woolman.
More serious crimes, and appeals from solemn proceedings in the Sheriff Courts, are heard by the High Court of Justiciary. There is no appeal available in criminal cases to the Supreme Court of the United Kingdom, with respect to points of criminal law. Cases where the accused alleges a breach of the European Convention on Human Rights or European law can also be referred or appealed to the UK Supreme Court for a ruling on the relevant alleged breach. In these cases the UK Supreme Court is the successor to the House of Lords as the highest civil court having taken over the judicial functions of the House of Lords and the Privy Council from 2009.
He became a member of the Faculty of Advocates on 10 December 1661, and was knighted by King Charles II in 1664. He was appointed an Ordinary Lord of Session on 31 October 1677, when he assumed the title of Lord Pitmedden. He was later appointed a Lord of Justiciary, on 5 July 1682. On 15 January 1684, he was created a baronet of Nova Scotia by King Charles II. He represented Aberdeenshire in the Scottish Parliament in 1681, 1685, and 1686, and for his boldness and independence in opposing the repeal of the Test and Penal Laws proposed by King James VII, he was deprived by that monarch of his seat on The Bench.
In the following year he and other nobles who had previously been Catholics were subjected to more stringent superintendence by the authorities of the kirk; but the commissioner appointed to wait on Home reported that he was out of the country. Home was one of the retinue who in 1603 accompanied King James to England on his accession to the English throne, the king on his way staying for a night at Home's castle of Dunglass. On 7 July the king constituted him lieutenant and justiciary over the three marches. He was also sworn a privy councillor of England, and on 4 March 1605 was created Earl of Home and Lord Dunglass.
Following a conviction under solemn proceedings in a sheriff court, Section 195 of the Criminal Procedure (Scotland) Act 1995 allows a sheriff to remit the case to the High Court for sentencing, should the sheriff believes their powers of sentencing to be inadequate for the crime committed. A sheriff in solemn proceedings can impose a maximum sentence of up to 5 years imprisonment or an unlimited fine, and the High Court can impose a life sentence (unless a lesser maximum sentence is prescribed by statute) as well as an unlimited fine. Once a case is remitted, the High Court can treat the case as if it had been tried before a Lord Commissioner of Justiciary.
The High Court of Justiciary has the final authority on matters of criminal law in Scotland, and thus no appeal beyond the High Court is possible on the grounds of sentence or conviction. However, it is possible to refer a point of law to the Supreme Court of the United Kingdom relating to human rights compatibility issues or relating to devolution issues. 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. 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 (Scotland) Act 1995.
Quinan went on to challenge his conviction in the High Court of Justiciary introducing a point of law which resulted in one of his convictions being set aside, this was seen as a minor victory for the anti-nuclear movement in Scotland. In 2002, while a vice- convener of the Scottish Parliament's cross-party group on Palestine, Quinan visited the Middle East on a week-long tour, linking with the Red Crescent and International Solidarity Movement. Quinan travelled to the West Bank as part of a group, but Israelis soldiers denied them entrance to Yasser Arafat's compound in Ramallah. The Israeli security forces fired stun grenades and shots in the air in order to force him away.
There are various specialist courts and tribunals with specialist jurisdictions, which are subject to the ultimate jurisdiction of either the Court of Session or High Court of Justiciary, including . Children under the age of 16 who face allegations of criminal conduct are dealt with through the Children's Hearings, which are quasi- judicial in nature. Disputes involving agricultural tenancies and crofting are dealt with by the Scottish Land Court, and disputes about private rights in titles for land ownership and land valuation are dealt with by the Lands Tribunal for Scotland. Heraldry is regulated in Scotland both by the civil and criminal law, with prosecutions taken before the Court of the Lord Lyon.
At three o'clock in the morning, in the depth of winter, and through roads almost impassable, these men were summoned to stand trial for high treason before the court of justiciary at Linlithgow, where they were met by a number of their brethren, who had come to countenance them during their trial. The prisoners made an eloquent defence. The concluding speech of Forbes, the moderator, has been recorded. The Earl of Dunbar had been sent down for the express purpose of securing the condemnation of the ministers; the jury were packed, and a verdict was at last obtained at midnight, finding, by a majority of three, the prisoners guilty of high treason.
It was mainly a restatement of the earlier Disarming Act, but with more severe punishments which this time were rigorously enforced. Punishments started with fines, with jail until payment and possible forced conscription for late payment. Repeat offenders were "liable to be transported to any of his Majesty's plantations beyond the seas, there to remain for the space of seven years", effectively indentured servitude. The penalties for wearing "highland clothing" as stated in the Dress Act 1746 were "imprisonment, without bail, during the space of six months, and no longer; and being convicted for a second offence before a court of justiciary or at the circuits, shall be liable to be transported..." No lesser penalties were allowed for.
The Supreme Court only exceptionally hears criminal appeals from the High Court of Justiciary with respect to "devolution issues". The Supreme Court also determines "devolution issues" (as defined by the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006). These are legal proceedings about the powers of the three devolved administrations—the Northern Ireland Executive and Northern Ireland Assembly, the Scottish Government and the Scottish Parliament, the Welsh Government and Senedd Cymru. Devolution issues were previously heard by the Judicial Committee of the Privy Council and most are about compliance with rights under the European Convention on Human Rights, brought into national law by the Devolution Acts and the Human Rights Act 1998.
In 1708, following the Union of England and Scotland in the previous year, Queen Anne signed the Treason Act 1708, which harmonised the treason laws of both former kingdoms (effective from 1 July 1709). The English offences of high treason and misprision of treason (but not petty treason) were extended to Scotland, and the treasonable offences then existing in Scotland were abolished. These were: "theft in Landed Men", murder in breach of trust, fire-raising, "firing coalheughs" and assassination. The Act also made it treason to counterfeit the Great Seal of Scotland, or to slay the Lords of Session or Lords of Justiciary "sitting in Judgment in the Exercise of their Office within Scotland".
1412, 1539, and 1568 There are an estimated 421 persons surnamed McNulty in Australia.britishsurnames.co.uk Denis McInulty, one of the first McNulty to arrive in Australia, arrived there from Scotland on 16 May 1846 on the prisoner transport the China under a 10-year sentence of the Glasgow Justiciary Court., Australia Joint Copying Project, microfilm roll 92, class piece number HO 11/15, page number 11 (7) from British convict transport registers 1787-1867 data base compiled by State Library of Queensland from British Home Office, China departed Scotland 3 January 1846 In the United Kingdom the surname McNulty is shared by an estimated 7,318 people and is approximately the 1,472th most popular surname in the country.
The trial began at 10:00 am on Christmas Eve 1828 before the High Court of Justiciary in Edinburgh's Parliament House. The case was heard by the Lord Justice-Clerk, David Boyle, supported by the Lords Meadowbank, Pitmilly and Mackenzie. The court was full shortly after the doors were opened at 9:00 am, and a large crowd gathered outside Parliament House; 300 constables were on duty to prevent disturbances, while infantry and cavalry were on standby as a further precaution. The case ran through the day and night to the following morning; Rosner notes that even a formal postponement of the case for dinner could have raised questions about the validity of the trial.
Hans Köchler was the only international observer to submit comprehensive reports on the Lockerbie trial and appeal proceedings to the Secretary-General of the United Nations who, in turn, forwarded them to the Registrar of the Scottish Court in the Netherlands. Köchler's reports were highly critical of the proceedings and challenged the fairness and impartiality of the High Court of Justiciary. Their publication triggered a large-scale international debate, including in the British House of Commons, about the politicisation of criminal trials in the context of power politics. Köchler had characterised the initial trial verdict of 31 January 2001 (which had led to the acquittal of one of the two accused Libyans) as "inconsistent" and "arbitrary".
On 31 January 2001, Megrahi was convicted of murder by a panel of three Scottish judges and sentenced to life imprisonment, but Fhimah was acquitted. Megrahi's appeal against his conviction was refused on 14 March 2002, and his application to the European Court of Human Rights was declared inadmissible in July 2003. On 23 September 2003, Megrahi applied to the Scottish Criminal Cases Review Commission (SCCRC) for his conviction to be reviewed, and on 28 June 2007 the SCCRC announced its decision to refer the case to the High Court of Justiciary in Edinburgh after it found he "may have suffered a miscarriage of justice".SCCRC Referral of Megrahi case for 2nd appeal .
In 1353, the freeman of Youghal were allowed freedom in trade in different staples throughout England and Wales for wool, leather, woolfels and lead. In 1360 Writs signed by Almaricus de St Aland, Justiciary of Ireland, were directed to Sovereign and Bailiffs of Youghal, ordering them to prevent persons from going to foreign parts. In 1373 King Edward III commanded the Keeper of the port to press and detain ships in the port for the purposes of conveying James Le Botiller, Earl of Ormond, whenever the Earl may come to the port on the King's services. In 1376 the same King granted the Mayor of Youghal privileges for services against rebels in Cork.
About 1600 he and the Jesuit John Hay returned to Scotland on a secret mission. On 24 November 1600 a proclamation was issued by the king James VI and council against Hamilton and Hay. On 22 June 1601 an act was passed against resetting them, but for several years they not only succeeded in eluding capture, but even in holding frequent meetings in different parts of the country for the celebration of the mass and other catholic services. His nephew Thomas Hamilton, 1st Earl of Haddington was then effectively at the head of the justiciary of Scotland, and Andrew Melville to his face accused him of screening John Hamilton (M'Crie, Life of Melville, 2nd ed. ii. 146–7).
The Covenanter regime passed a series of acts to enforce godliness in 1649, which made capital offences of blasphemy, the worship of false gods and for beaters and cursers of their parents. They also passed a new witchcraft act that ratified the existing act and extended it to deal with consulters of "Devils and familiar spirits", who would now be punished with death. In 1649 the commission of the General Assembly co- ordinated presbyteries in their pursuit of "fugitive witches", reminding them of the importance of hunting witches and encouraged them when obtaining commissions of justiciary to recommend the names of commissioners.J. Goodare, "Witch-hunting and the Scottish state" in J. Goodare, ed.
Since the formation of the Kingdom of Great Britain under the 1707 Acts of Union, Scots law has shared a legislature with England and Wales, and while each retained fundamentally different legal systems, the 1707 Union brought English and Welsh influence upon Scots law, and vice versa. Since the accession of the United Kingdom to the European Communities in 1973 Scots law has also been affected by European law under the Treaty of Rome. The establishment of Scottish Parliament in 1999, which legislates within domestic areas of legislative competence, has created a further major source of Scots law. The chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases.
He made a full confession on 12 February on receiving a promise of his life. Mitchell was indicted before the High Court of Justiciary and sentenced to have his right hand out off by the common executioner, at the "Mercat Cross" of Edinburgh. Indicted afresh, before the High Court in 1675, for his participation in the Pentland Rising and the attempt on the Archbishop's life, he retracted his Confession and pleaded "Not Guilty." Having no other proof in support of the latter charge except his Confession (and that having been recanted) the Court ordered the "torture of the Boot," with the view that he might be constrained anew to adhere to it.
On 10 May 1559 Methuen and other prominent reformers were put on trial before the justiciary court at Stirling for usurping the ministerial office, for administering without the consent of their ordinaries the sacrament of the altar in a manner different from that of the Catholic Church, in the burghs of Dundee and Montrose, and for convening the subjects of the realm in those places, preaching to them erroneous doctrines, and exciting seditions and tumults. Being found guilty, he was 'denounced rebel and put to the horn as fugitive'.Pitcairn, Ancient Criminal Trials, i. 406 He was nominated by the lords of the congregation to the church of Jedburgh, Roxburghshire, 19 July 1560, in which year and the following he was a member of assembly.
In 1694, he was created baronet of Nova Scotia. In 1704, he was nominated one of the lords of justiciary in the room of Lord Aberuchil. By a charter under the great seal dated 20 April 1704, and ratified by parliament 14 September 1705, the baronies of Anstruther and Ardross and the office of bailliary of the lordship of Pittenweem, with certain minor estates, rights, and privileges, and the office of carver and master of the household to her majesty and her heirs, were granted to Sir William Anstruther and his heirs for ever. Sir William Anstruther was strongly in favour of the union, and his name appears frequently in the division lists during the period when the question was agitating the Scotch parliament.
The High Court of Justiciary at Camp Zeist, Netherlands Upon the indictment of the two Libyan suspects in November 1991, the Libyan government was called upon to extradite them for trial in either the United Kingdom or the United States. Since no bilateral extradition treaty was in force between any of the three countries, Libya refused to hand the men over but did offer to detain them for trial in Libya, as long as all the incriminating evidence was provided. The offer was unacceptable to the US and UK, and there was an impasse for the next three years. In November 1994, President Nelson Mandela offered South Africa as a neutral venue for the trial but this was rejected by the then British prime minister, John Major.
He was the third son of Archibald Campbell, 9th Earl of Argyll, and his wife Mary, daughter of James Stewart, 4th Earl of Moray. He was in Holland with his father, and attended the meeting of Scottish refugees at Amsterdam on 17 April 1685. The same year he accompanied his father on an expedition to Scotland as part of Argyll's Rising, and was sent ashore when they arrived off the coast of Argyllshire to bring intelligence of the disposition of the gentlemen and common people. He was then sent ashore a second time to levy men but, falling ill, was seized by the Marquess of Atholl, who by virtue of his justiciary power resolved to hang him, sick or well, at the gate of Inveraray Castle.
The Office of the Accountant of Court is a public body which is a constituent part of the Supreme Courts of Scotland.PDF-file - "The Supreme Courts are made up of: the Court of Session, the High Court of Justiciary and the Accountant of Court's Office" - Scottish Court Service, accessed 12 March 2007 The Accountant of Court is administered by the Scottish Courts and Tribunals Service. Based in Falkirk, the office of Accountant of Court, also known as the Accountant of the Court of Session (see Court of Session), was established by the Judicial Factors Act 1849, and their role was further defined by the Children (Scotland) Act 1995. The Accountant of Court's Office formerly dealt with guardianship cases in respect of adults with incapacity.
He studied at the University of St. Andrews (St. Salvator’s College) in 1687 and then travelled abroad. He lost money investing in the Company of Scotland. Graham became a close supporter and assistant of the Duke of Montrose. He was appointed Commissioner justiciary for the Highlands in 1702 and soon after was appointed commissioner of supply for Perthshire. Also in 1702 he was returned for the country party as Shire Commissioner for Perthshire. Following Montrose, he was involved with the opposition of 1703. In 1704, when Montrose’s political friends took over responsibility for Court management in the ‘New Party’ experiment, the Grahams remained in opposition. Graham joined Montrose in voting for the Duke of Hamilton’s motion to postpone the settlement of the succession.
Whilst this power was shared with the Court of Appeal, the High Court, the High Court of Justiciary, the Court of Session, and the Courts-Martial Appeal Court, such declarations were considered so important that the question would almost inevitably be determined in the House of Lords on appeal. However, the challenged law in question was not automatically struck down; it remained up to Parliament to amend the law. In civil cases, the House of Lords could hear appeals from the Court of Appeal of England and Wales, the Court of Appeal in Northern Ireland and the Scottish Court of Session. Alternatively, cases raising important legal points could leapfrog from the High Court of England and Wales or High Court in Northern Ireland.
He was admitted to the Faculty of Advocates in 1977, and appointed Advocate Depute in 1986, serving until 1989. He took silk in 1990 and was Treasurer of the Faculty of Advocates from 1994 to 2000. Sutherland was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts, in February 2000. He took the judicial title, Lord Carloway, and was promoted to the Inner House of the Court of Session and appointed to the Privy Council in 2008. He is an assistant editor of Green’s Litigation Styles and contributed the chapters on "Court of Session Practice" to the Stair Memorial Encyclopaedia and "Expenses" in Court of Session Practice.
Clarke was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, the Supreme Courts of Scotland, in 2000, taking the judicial title, Lord Clarke. In 2007, Lord Clarke's decision to throw out the charges in the case of the World's End murders provoked a statement in the Scottish Parliament by Lord Advocate Elish Angiolini, resulting in a public dispute between her and the Lord Justice General, Lord Hamilton. Lord Clarke was principal commercial judge in the Court of Session before being promoted to the Inner House of the Court of Session in 2008, being at the time sworn to the Privy Council. He was a member of the Lands Valuation Appeal Court.
The Seton Baronetcy, of Windygowl in the County of Peebles, was created in the Baronetage of Nova Scotia on 24 January 1671 for Robert Seton. The title became extinct on his early death later the same year. The Seton Baronetcy, of Pitmedden in the County of Aberdeen, was created in the Baronetage of Nova Scotia on 15 January 1683 for Alexander Seton, a Member of the Scottish Parliament for Aberdeenshire and a Lord of the Justiciary under the judicial title of Lord Pitmedden. Seton was the great-grandson of James Seton, 1st of Pitmedden, fifth son of William Seton, of Meldrum, a descendant of the aforementioned Sir Alexander Seton, who is also the ancestor of the Seton baronets of Abercorn (see above) and the Marquesses of Huntly.
A 1331 writ of Edward III is addressed, among others, to "Civibus civitatis Dublin, —de Droghda, – de Waterford, de Cork, – de Limrik" implying civitas status for Drogheda.Gale 1834, Appendix 35; Writ of King Edward the Third, issued in the year 1331, to the prelates and peers, and cities of Ireland, to assist his Justiciary, p.cclii Some credence to the episcopal connection was given by the 1835 Report of the Commissioners into Municipal Corporations in Ireland and the 1846 Parliamentary Gazetteer of Ireland (see below). Whereas the Normans moved many English sees from a rural location to a regional hub, the cathedrals of the established Church of Ireland remained at the often rural sites agreed at the twelfth-century Synod of Rathbreasail and Synod of Kells.
In the case of William Walls v. the Procurator Fiscal, Kilmarnock, the High Court of Justiciary held on appeal, in an opinion delivered by Lord Carloway, that: :"the song calls upon persons of Irish descent, who are living in Scotland, to go back to the land of their ancestors, namely Ireland [...] they are racist in calling upon people native to Scotland to leave the country because of their racial origins. This is a sentiment which, once more, many persons will find offensive." The appellant, who was convicted for breach of the peace racially aggravated and aggravated by religious prejudice having sung the Famine Song and made a number of other remarks during a football match, had his appeal denied and his conviction upheld.
Sir Christopher Seton (Bruce's brother in law) had been captured at Loch Doon and was hurried to Dumfries to be tried for treason in general and more specifically for being present at Comyn's killing. Still in 1306 and along with two companions, Seton was condemned and executed by hanging and then beheading at the site of what is now St Mary's Church. alt= In 1659 ten women were accused of diverse acts of witchcraft by Dumfries Kirk Session although the Kirk Session minutes itself records nine witches. The Justiciary Court found them guilty of the several articles of witchcraft and on 13 April between 2 pm and 4 pm they were taken to the Whitesands, strangled at stakes and their bodies burnt to ashes.
Article 19 of the Act confirmed the continuing authority of the College of Justice, Court of Session and Court of Justiciary in Scotland.See Act of Union 1707, Wikisource Article 3, however, merged the Estates of Scotland with the Parliament of England to form the Parliament of Great Britain, with its seat in the Palace of Westminster, London. Under the terms of the Act of Union, Scotland retained its own systems of law, education and Church (Church of Scotland, Presbyterian polity), separately from the rest of the country. The Parliament of Great Britain otherwise was not restricted in altering laws concerning public right, policy and civil government, but concerning private right, only alterations for the evident utility of the subjects within Scotland were permitted.
Scottish Court Service website Leave to appeal is granted by a Lord Commissioner of Justiciary in chambers under sections 106 and 107 of the Criminal Procedure (Scotland) Act 1995 when a person is convicted in solemn procedure in either the High Court or sheriff courts, with the High Court sitting as the Appeal Court. Appeals against convictions or sentence in summary procedure heard in sheriff courts and justice of the peace courts are now heard by the Sheriff Appeal Court. However, referrals on points of law may be heard in the High Court from the Sheriff Appeal Court with the permission of the High Court. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.
Robert Pitcairn lived in an attractive flat at 50 North Castle Street, Edinburgh Robert Pitcairn's grave, New Calton Cemetery Robert Pitcairn FRSE FSA (14 August 1793 – 11 July 1855) was a Scottish antiquary and scholar who contributed to works published by Walter Scott and the Bannatyne Club. He was the author of Criminal Trials and other Proceedings before the High Court of Justiciary in Scotland (1829-1833).John Gibson Lockhart: Robert Pitcairn (1793-1855) Memoirs of the Life of Sir Walter Scott, Bart. He was head of the Edinburgh Printing and Publishing Company and secretary of the Calvin Translating Society Pitcairn was a fellow of the Society of Antiquaries of Scotland, and a Writer to His Majesty’s Signet, and a member of the Maitland Club.
Parliament House, the home of the Supreme Courts of Scotland, in Parliament Square, Edinburgh. The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
In the event that he might never have a male heir, he entailed the lordship of Lorne to his uncle Colin; if his uncle were to die, to his other uncle, Duncan Campbell; then to Colin Campbell of Arduquholm and to the heirs male of his body, which failing, then to his brothers, Archibald and Robert. In 1471, he received the heritable offices of Justiciary and Sheriff of Lorne. On 15 January 1472, King James III granted Dunoon Castle to Campbell and his heirs, with the power to appoint constables, porters, jailers, watermen, and other necessary offices. At the same time, he granted him the lands of Borland. On 20 February 1473, Campbell was made Justiciar, Chamberlain, Sheriff, and Bailie within the King's lordship of Cowal.
Apart from occasional earlier references, the office seems to have originated in the early 15th century and was once held by Sir Robert Logan of Grugar, later also of Restalrig and the Earls of Bothwell and the Dukes of Lennox. It was one of the heritable offices that Charles II gave to his illegitimate son Charles Lennox, 1st Duke of Richmond and Lennox. The earliest surviving records of the Scottish High Court of Admiralty date from 1557, convened under the authority of the Earl of Bothwell, in Edinburgh or Leith. Although all maritime causes in Scotland below a river's first bridge were in its view, it was inferior to the Court of Session, and its authority was contested by the Court of Justiciary in criminal matters.
He was Senior Advocate Depute from 2005 to 2007 and Leading Counsel to the Billy Wright Inquiry in Northern Ireland, from 2008 to 2010. The inquiry, chaired by Scottish judge Lord MacLean, investigated claims of collusion between prison authorities and the paramilitary Irish National Liberation Army in the death of Loyalist Volunteer Force leader Billy Wright in the Maze Prison in 1997. On 14 October 2010, the Scottish Government announced that the Queen, on the recommendation of the First Minister, Alex Salmond, had appointed Stewart a Senator of the College of Justice, a judge of the country's supreme courts, the High Court of Justiciary and Court of Session. He took up the office on 5 November 2010 with the judicial title, Lord Stewart.
The trial took place at the High Court of Justiciary, Glasgow The trial began on 11 February 2019, presided over by Judge Lord Matthews.Alesha MacPhail murder accused, aged 16, blames woman, BBC News, 11 February 2019 The court was shown CCTV footage, from cameras installed by Campbell's mother, that captured the defendant leaving his house at 01:54 on 2 July, returning at 03:35, then leaving and returning again for two short periods before 04:07. Additional CCTV footage, supplied by members of the public, showed an individual walking along the shoreline at 02:25 and 02:26, appearing to carry something in his arms. Pathologist John Williams testified that MacPhail's feet were clean and uninjured, suggesting she had been carried.
The issues surrounding the case were initially raised in the UK Parliament by Maria Fyfe MP for the Maryhill Constituency in Glasgow in series of debates in the British House of Commons.() Duff was sentenced to three years imprisonment in February 2001 after pleading guilty to one charge of fraud, and one charge of reckless endangerment (15 Months for the first charge and 21 months for the second charge to run consecutively). In June 2001 Duff appealed his sentence to the High Courts of the Justiciary in Scotland, although rejecting all the arguments put forward by his defense they agreed on a legal technicality that his sentence should be reduced to two years. The appellant judges did not disagree or dispute the findings of the original sentence.().
Khaliq and Anor v HMA was a Scottish criminal case decided by the High Court of Justiciary on appeal, in which it was decided that it was an offence at common law to supply materials that were otherwise legal in the knowledge that they would be used for self-harm. Two shopkeepers in Glasgow were arrested and charged, inter alia, with supplying to children ‘glue-sniffing kits’ consisting of a quantity of petroleum-based glue in a plastic bag. They had been previously warned by the police to stop supplying the kits. They gave notice of objection to the indictment, averring that, on the charge of supplying, the facts as libelled did not disclose a crime known to Scots law because there was nothing illegal about the items that they had supplied.
The remaining senators will sit as judges of the Outer House. Additional duties include a senator being appointed as President of Scottish Tribunals, or Chairman of the Scottish Law Commission.Court of Session Act 1988: To be eligible for appointment as a senator a person must have served at least 5 years as sheriff or sheriff principal, been an advocate for 5 years, a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.) Under the Treason Act 1708 it is treason to kill any of the Senators of the College of Justice when they are sitting in judgment and in exercise of their office.
To be eligible for appointment as a sheriff principal, sheriff, or summary sheriff (whether permanent, temporary, or part-time) a person must be legally qualified as either an advocate or solicitor for at least 10 years. To be eligible for appointment as a senator a person must have served at least 5 years as sheriff or sheriff principal, been an advocate for 5 years, a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.) Some sheriffs with five or more years’ service as a sheriff, are eligible to be appointed as Appeal Sheriffs to sit in the Sheriff Appeal Court.
Police found her body on 29 September, and Tobin was arrested in London shortly afterwards. He had been admitted to hospital under a false name, and with a fictitious complaint. A six-week trial resulted from the evidence gathered under the supervision of Detective Superintendent David Swindle of Strathclyde Police and took place at the High Court of Justiciary, Edinburgh, between 23 March and 4 May 2007. The trial judge was Lord Menzies, the prosecution was led by Advocate Depute Dorothy Bain, and the defence by Donald Findlay QC. Despite his insistence that his sexual activity with Kluk was consensual and that he did not kill her, Tobin was found guilty of raping and murdering Kluk and was sentenced to life imprisonment, to serve a minimum of 21 years.
When the kingdoms of England and Scotland merged to form the Kingdom of Great Britain in 1707, the terms of the 1706 Treaty of Union that led to the union guaranteed that Scotland's legal system would continue, separate from that of England and Wales. Scots law is founded upon Roman or civil law, although today it has evolved into a pluralistic system, using both civil and common law. As in England and Wales, lawyers in Scotland are divided into two groups: solicitors and advocates. Solicitors are members of the Law Society of Scotland, and are only entitled to practise in the lower courts of Scotland, while advocates are members of the Faculty of Advocates and are permitted to appear in the superior High Court of Justiciary and Court of Session.
Unlike the High Court of Justiciary, which deals with Scottish criminal cases, and whose decisions cannot in general be appealed beyond Scotland, appeals could be taken from the Court of Session to the Supreme Court of the United Kingdom.Court of Session Act 1988: The constitutional settlement introduced by the Scotland Act 1998 further provided that, in cases where a 'devolution issue' arose, an appeal would lie, and the Inner House can remit a case, to the Judicial Committee of the Privy Council.Scotland Act 1998: Both these types of appeal will go instead to the new Supreme Court of the United Kingdom from 2009.Constitutional Reform Act 2005: It was formerly argued that the Act of Union 1707 expressly forbade appeals from the Court of Session to the House of Lords.
In 1389, Margaret of Angus relinquished her title in favour of her son, but George did not assume it until his betrothal in 1397 to Princess Mary Stewart, daughter of King Robert III of Scotland. The influence of George's mother must have been considerable - in addition to obtaining a royal bride for George, she persuaded King Robert III to confirm him in his style of Earl of Angus, and also to bestow upon him the lordships of Abernethy, (Perthshire) and Bonkill, (Berwickshire); and "to endow him and his spouse with the justiciary fees of the County of Forfar, to ratify all gifts, entails, and leases made or to be made by his half-sister, Isabel, Countess of Mar, to the said Jorge her brothir".Maxwell, Sir Herbert.A History of the House of Douglas.
Facilities for a high security prison were also installed there. Under a bilateral treaty between the United Kingdom and the Netherlands, these premises were, for the duration of the trial and any subsequent appeal, under the authority and control of the Scottish Court. Dutch law still theoretically applied to the area, but, barring an emergency, the Dutch authorities were banned from entering the premises and the Court had the authority to enact regulations that superseded Dutch law when necessary for the execution of the trial, and to jail people for contempt of court.The High Court of Justiciary (Proceedings in the Netherlands) (United Nations) Order 1998 modified Scottish law in relation to the Court The court itself, as well as people involved in the trial also enjoyed total or partial immunity from Dutch law.
In Scotland, local authorities are permitted by statute to clamp, tow, or otherwise remove vehicles. Outside that statutory authority, clamping on private land was found to be unlawful in the case Black v Carmichael (1992) SCCR 709, which held that immobilising a vehicle constitutes extortion and theft. Writing in dismissal of parking contractor Alan Black's appeal to the High Court of Justiciary, the Lord Justice General (Lord Hope) cited case law which said "every man has a right to dispute the demand of his creditor in a court of justice" and himself wrote "it is illegal for vehicles to be held to ransom in the manner described in these charges". In England and Wales, The Protection of Freedoms Act 2012 criminalised certain wheel-clamping activity on private land without lawful authority from 1 October 2012.
Until recently, there were also 'temporary sheriffs' who were appointed by the executive year by year and only sat for particular days by invitation; this class of sheriff was abolished as being inconsistent with judicial independence following the decision of the High Court of Justiciary in Starrs v Ruxton.Hugh Latta Starrs and James Wilson Chalmers and Bill of Advocation for Procurator Fiscal, Linlithgow v. Procurator Fiscal, Linlithgow and Hugh Latta Starrs and James Wilson Chalmers (1999) ScotHC 242, 11 November 1999, British and Irish Legal Information Institute, accessed 16 September 2007 The sheriff courts are the main criminal courts. The procedure followed may either be solemn procedure, where the Sheriff sits with a jury of fifteen; or summary procedure, where the sheriff sits alone in a bench trial.
Lord Gill recommended that appeals against conviction and sentence from the justice of the peace and sheriff courts in summary procedure should be remitted to the Sheriff Appeal Court, rather than, as previously, the High Court of Justiciary. Lord Gill also recommended that judgments of the court in criminal appeals should be binding on sheriffs throughout Scotland, as Lord Gill recommended: The expectation was that this would expedite appeals from summary proceedings in the sheriff and justice of the peace courts. The Scottish Government accepted Lord Gill's recommendation on criminal appeals, and asserted that would lead to the more coherent and consistent body of case law that Lord Gill sought. The Scottish Government proposed that the Sheriff Appeal Court would be composed of the 6 sheriffs principal of Scotland, plus six full-time Appeal Sheriffs.
In England, Wales or Northern Ireland Leave (or permission) to appeal could be granted either by the court whose decision is appealed or the House of Lords itself. Leave to appeal is not a feature of the Scottish legal system and appeals proceeded when two Advocates certified the appeal as suitable. In criminal cases, the House of Lords could hear appeals from the Court of Appeal of England and Wales, the High Court of England and Wales, the Court of Appeal in Northern Ireland and the Courts-Martial Appeal Court but did not hear appeals from the High Court of Justiciary in Scotland. In addition to obtaining leave to appeal, an appellant also had to obtain a certificate from the lower court stating that a point of general public importance was involved.
In response to Lord Macfadyen's report the Scottish Government proposed the creation of Scottish Sentencing Council, but their initial proposal was not well received by the legal profession or judiciary in Scotland. The Scottish Government's proposal was for the Council's guidelines to be binding on appeals court (the High Court of Justiciary at the time), and the appeal courts only able to request to the Council to revise its guidelines. The proposed structure of the Council only had 3 judicial members (1 High Court judge, 1 Sheriff, and 1 stipendiary magistrate or justice of the peace) with 5 other members. The other 5 members were proposed to be 1 prosecutor, 1 representative of Association of Chief Police Officers in Scotland, 1 advocate, 1 solicitor and 1 representative for victims' rights.
The Ardlamont Murder (also known as the Ardlamont Mystery and the Monson Case), which took place in Argyll, Scotland, on 10 August 1893, gave rise to two high-profile court cases: a murder trial in Edinburgh (HM Advocate v Monson), and a defamation trial in London (Monson v Tussauds Ltd) the following year. Alfred John Monson received the Scottish verdict of "not proven" in his High Court of Justiciary trial for the murder of Cecil Hambrough. Then, in 1894, he sued Madame Tussauds for libel and was awarded one farthing (the lowest possible amount at the time) in damages. The case established the principle of "libel by innuendo" in English law, and Monson v Tussauds Ltd[1894] 1 Q.B. 671 has been used to draw up defamation laws in many countries since.
877 About the same time, he was appointed guardian of the East and Middle Marches, and invested with power of justiciary within his jurisdictions. James Fleming was one of the eight commissioners elected by parliament 8 December 1557, to represent the Scottish nation at the nuptials of Queen Mary with Francis, dauphin of France, on 24 April 1558. Though the commissioners agreed to swear fealty to the King-Dauphin as the husband of the queen, they affirmed that their instructions did not permit them to agree that he should receive the Scottish ensigns of royalty. They were thereupon requested to support this proposal in the Scottish parliament, but when they left for Scotland, the French court appears to have been doubtful of the intentions of certain members of the commission.
Wylie served as Standing Junior Counsel to the Accountant of Court from 1986 to 1989, and as an Advocate Depute from 1989 to 1992. He was called to the Bar in England and Wales in 1990 at Lincoln's Inn, and took silk in Scotland in 1991. He was appointed a part-time Sheriff and a member of the Scottish Council of Law Reporting in 2000, part-time Chairman of the Police Appeals Tribunal in 2001, and a member of the Scottish Criminal Cases Review Commission in 2004, remaining in all these positions until his appointment to the Bench in 2005. Wylie was appointed a Senator of the College of Justice in 2005, a judge of the Court of Session and High Court of Justiciary, with the judicial title, Lord Kinclaven.
On 9 January 2008 Sheriff Charlotte Coutts described Anwar's evidence as 'not credible' during a trial in which he claimed to be the victim of racial abuse. Anwar made controversial statements in the aftermath of the 2007 Glasgow International Airport attack, in which he claimed, "That there is no difference between a stealth bomber and a suicide bomber, the effects are still the same". In further remarks he argued that there was a moral equivalence between the 9/11 hijackers and the United States when they bomb innocent civilians. In 2008 he faced allegations of contempt of court in the light of a complaint by the presiding judge in the case, Lord Carloway, after Anwar directly attacked the jury following the trial and conviction of Mohammed Siddique in the High Court of Justiciary.
He served from 1979 to 1987 as Standing Junior Counsel (legal advisor appointed by the Lord Advocate) to the Department of Health and Social Security, and from 1985 to 1988 as an Advocate Depute, representing the Crown in prosecutions and appeals in the High Court. From 1988 to 1995, he was a part-time Chairman of the Pension Appeal Tribunal, and from 1990 the Medical Appeal Tribunal. He was elected Vice-Dean of the Faculty of Advocates in 1995, holding this post until 1997, at which time his brother was elected Dean of the Faculty. In 1997, he was appointed a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts, with the judicial title, Lord Kingarth.
The High Court will hear appeals from the sheriff courts of Scotland where the trial was under solemn proceedings; the High Court will also hear referrals on points of law from the Sheriff Appeal Court, and from summary proceedings in the sheriff courts and justice of the peace courts. Cases can be remitted to the High Court by the sheriff courts after conviction for sentencing, where a sheriff believes that their sentencing powers are inadequate. The High Court can impose a life sentence but the sheriff has a limit of five years sentencing; both can issue an unlimited fine. As of May 2017, the Lord Justice General was Lord Carloway, and the Lord Justice Clerk was Lady Dorrian, and there were a total of 35 Lords Commissioners of Justiciary.
As well as departmental management responsibility, the Lord Advocate is directly responsible for prosecuting the most serious crimes, in the High Court of Justiciary at first instance and the Court of Criminal Appeal. Unless the cases are of especial importance, such as the Lockerbie trial held at Camp Zeist in the Netherlands, the prosecutions are normally (but not always) led by Advocates Depute who are known collectively as Crown Counsel and are experienced members of the Faculty of Advocates normally appointed for a limited period of three years. Their decision to prosecute in this way is taken in the light of the Procurator Fiscal's recommendations and a report prepared by the police, and any such reports are subject to the direction of the Lord Advocate.Criminal Procedure (Scotland) Act 1995 (c.
On 27 August 2007, the trial of Angus Sinclair got under way in Court 3 at the High Court of Justiciary in Edinburgh. The presiding judge was Lord Clarke. The prosecution was led by advocate depute Alan Mackay, and the defence by Edgar Prais, QC. The indictment alleged that on the night of 15–16 October 1977, Sinclair and Gordon Hamilton (Sinclair's brother-in-law who had since died) persuaded or forced the girls into a motor vehicle and held them against their will, in St Mary's Street, near The World's End pub. It was alleged that he then drove Christine Eadie to Gosford Bay, Aberlady, and there or elsewhere attacked, stripped and gagged her with her underwear, and tied her wrists, before raping her and then killing her by restricting her breathing.
Contact cement, a fast-drying glue, is widely used as an inhalant, as it typically contains solvents such as toluene which vaporize at room temperature. Even though solvent glue is normally a legal product, there is a case where a court has ruled that supplying glue to children is illegal. Khaliq v HM Advocate was a Scottish criminal case decided by the High Court of Justiciary on appeal, in which it was decided that it was an offence at common law to supply glue sniffing materials that were otherwise legal in the knowledge that they would be used recreationally by children. Two shopkeepers in Glasgow were arrested and charged with supplying to children "glue-sniffing kits" consisting of a quantity of petroleum-based glue in a plastic bag.
In 1841 he succeeded David Boyle as Lord Justice Clerk, taking his seat on the bench as president of the second division of the court of session on 16 November 1841, and on 17 April 1844 was sworn a member of the Privy Council. Hope presided over the second division of the civil court, as well as at nearly all trials of importance which took place in the High Court of Justiciary during his seventeen years of office. On 22 March 1847 Lord Hope sentenced Angus Davidson, Daniel Sutherland and John Main to be deported to Australia for seven years for their parts in the food riots in Burghead in January of that year. On 31 May he sentenced shoemaker James Nicholson to transportation for ten years for his part in the unrest in Pulteneytown on 24 February.
The Scottish Courts and Tribunals Service (SCTS) is an independent public body which is responsible for the administration of the courts and tribunals of Scotland. The Service is led by a board which is chaired by the Lord President of the Court of Session, and employs over 1000 staff members in the country's 39 sheriff courts, 34 justice of the peace courts, the Court of Session and the High Court of Justiciary, and at the service's headquarters in Edinburgh. The day-to-day administration of the service is the responsibility of its Chief Executive and Executive Directors. The Scottish Courts and Tribunals Service is also responsible for providing administrative services for the Judicial Office for Scotland, the Office of the Public Guardian, the Accountant of Court, the Criminal Courts Rules Council, and the Scottish Civil Justice Council.
Battle of Bothwell Bridge Alexander Gordon was the son of William Gordon of Earlston, the correspondent of Samuel Rutherford, and brother of Sir William Gordon, 1st Baronet of Earlston. In 1679, his father was on his way to join the Covenanters at Bothwell Bridge when he was shot by a gang of English dragoons and flung into a ditch. Alexander was in the army of the Covenanters at Bothwell Bridge, and narrowly escaped being taken by the ingenuity of one of his tenants, who recognizing him as he rode through Hamilton, made him dismount, hid his horse's furniture in a dunghill, dressed him in women's clothes, and set him to rock the cradle. For his participation in that conflict, Gordon was tried before the High Court of Justiciary on a charge of treason on 19 February 1680.
The panel of interrogators felt there was ample evidence to secure a conviction against Gowdie so they applied to the Privy Council in Edinburgh seeking a Commission of Justiciary for a local trial to be held. Together with the confession of her accomplice, Janet Breadhead, some or all of Gowdie's confessions were sent with the request. According to Wilby, it is likely the confessions were received in Edinburgh around the middle of June 1662; the Register of the Privy Council for July contains an entry instructing the Sheriff principal of Nairn, Sir Hew Campbell of Calder [Cawdor], and others to arrange local trials for both women. Gowdie's second testimony has a note on the back dated 10 July 1662 indicating the document had been appraised and the justice department found it germane; a further instruction was added to "Tak ceare of this peaper".
Boot Spreul returned from Holland in order to take his wife and children to Rotterdam. On 12 November 1680, he was apprehended by men looking for Donald Cargill, and being brought before the Council, was examined, and afterwards put to the torture before a Committee of their number. Not getting him to confess what they desired by torturing him in the new boot, they sent for the old one, and tortured him over again; and being equally unsuccessful with it, Dalziel alleged that the hangman favoured him; upon which the hangman said, he struck with all his might, and bade him take the mallet himself to do it better. On 2 March 1681, Spreul was indicted before the High Court of Justiciary on the charge of treason and rebellion, for alleged accession to the insurrection at Bothwell Bridge.
In March 2006, Mitchell was granted leave to appeal against his conviction (and his length of sentence) at the High Court of Justiciary sitting as the Court of Criminal Appeal in Edinburgh, on the grounds that the trial judge should have moved the trial outside the city. The Court of Criminal Appeal in Edinburgh heard Mitchell's appeal in February 2008, and in May 2008 his original conviction was upheld by Lord Osborne, Lord Kingarth and Lord Hamilton. They ruled that there was sufficient evidence in law that Mitchell could be convicted on and rejected his other grounds of appeal, although they stated that the way police had questioned Mitchell on 14 August 2003 had been "outrageous" and was "to be deplored." On 2 February 2011, Mitchell's appeal against sentence was refused by a two to one majority.
Solicitors have rights of audience before the sheriff courts and justice of the peace courts. Admission to practice as an advocate, having rights of audience before the Court of Session and the High Court of Justiciary, is regulated by the Faculty of Advocates. The Faculty of Advocates exercises this authority under the Act of Sederunt (Regulation of Advocates) 2011, which delegates the responsibility from the Court of Session. An Act of Sederunt is a form of subordinate legislation passed by the Court of Session, and the powers to regulate admission to practice as an advocate is set by Section 120 of the Legal Services (Scotland) Act 2010, which states: Prospective advocates (called devils or intrants) will complete a period of training in a solicitor's office, a period of devilling, and then must pass an assessment under the Faculty's Scheme of Assessment for Devils.
On Wednesday 21 December 1988, Pan Am Flight 103 from London to New York was blown up over the Scottish town of Lockerbie, killing two hundred and seventy people. In 1991, two Libyan men were indicted for the bombing, but their trial did not begin until May 2000. The trial itself was held in a special sitting of the High Court of Justiciary, sitting as the Scottish Court in the Netherlands, at Camp Zeist, a former US Air Force base in Utrecht, Netherlands. Hardie took over as Lord Advocate shortly before arrangements for the trial were agreed, and it was intended he would lead the prosecution team, however he resigned as Lord Advocate in March 2000, two months before the trial was scheduled to begin, and was forced to defend himself against accusations of having 'abandoned' the victims' families.
The O'Cahan would cast a gold sandal over the head of the O'Neill Prince elect, while the O'Hagan, Baron of Tullahoge, who was O'Neill's steward and justiciary for Tyrone, would present a straight wand, and then fasten the sandal to the Prince's foot . The Lord High Steward has also been known as the Great Seneschal of Ireland, as mentioned earlier. Seneschal was also the term used in Ireland to denote the Steward of a Prescriptive Barony,For example, as recorded in a deed made 1422 (9 Henry 5), lodged in Lib.GGG.24. at Lambeth, wherein the Earl of Ormond constituted James FitzGerald, Earl of Desmond, as his Seneschal of the Baronies of Imokilly and Inchicoin (Inchiquin), and the Town of Youghal or Manor (as the official would be called in England), before whom the Court Leet or view of frankpledge was held.
Nimmo Smith was appointed a temporary judge of the Court of Session in 1995, and in 1996 was raised fully to the Bench as a Senator of the College of Justice, a judge of the Court of Session and High Court of Justiciary, Scotland's Supreme Courts, with the judicial title, Lord Nimmo Smith. Whilst a judge of the Outer House of the Court of Session, he served as the Insolvency Judge and one of the Intellectual Property Judges. In 2002, he was one of five judges who heard the appeal of Abdelbaset al-Megrahi, the man convicted of the 1988 Lockerbie bombing, at the Scottish Court in the Netherlands. He was promoted to the First Division of the Inner House in 2005, at which time he was appointed a member of the Privy Council, affording him the style, The Right Honourable.
For a referral to proceed permission must be granted by two or more Lords Commissioners of Justiciary, or by the Supreme Court itself. The most frequent devolution issues raised related to Article 6 of the European Convention on Human Rights, which mandates the right to a fair trial, and the role of the Lord Advocate who is both the chief public prosecutor and a member of the Scottish Government. Under the Scotland Act 1998 the Lord Advocate could do nothing that was incompatible with the European Convention on Human Rights, and should his actions be deemed incomparable then they were null and void. This led to the case of Cadder v HM Advocate where the Supreme Court of the United Kingdom ruled that the police in Scotland could not question a suspect without granting that person access to a solicitor.
The murder of Zoe Nelson was committed in the Cambusnethan suburb of Wishaw, North Lanarkshire, Scotland on 22 May 2010. Seventeen-year-old Zoe Nelson's extensively burned remains were found in woodland near a colliery spoil heap known locally as Monkey Hill after her killer constructed a pyre in an attempt to destroy evidence. Forensic pathologist Julia Bell told the High Court of Justiciary in Edinburgh that the possibilities for a full post mortem were "limited" because the body was too badly burned, but that "some form of throttling or suffocating was the most probable cause of death, which was recorded as 'unascertained'". During their enquiries, police used new media for the first time in a murder investigation, in an effort to reach out to local teenagers who may otherwise have not wanted to communicate with the police.
The sheriff courts have exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and are able to try criminal cases both on complaint for summary offences, and with a jury for indictable offences. Treason, murder, and rape are in the exclusive jurisdiction of the High Court of Justiciary, and whilst the High Court and sheriff courts have concurrent jurisdiction over armed robbery, drug trafficking, and sexual offences involving children virtually all these cases are heard by the High Court. Administration for the courts is provided by the Scottish Courts and Tribunals Service, a non-ministerial department of the Scottish Government. The Scottish Courts and Tribunal Service is operationally independent of the Scottish Ministers, and is governed by a corporate board chaired by the Lord President, and with a majority of judicial members.
Trial by jury in Scotland is used in the courts of Scotland in solemn procedure for trial on indictment before a judge and jury for serious criminal cases, and in certain civil cases (mainly personal injury claims) Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Juries in these cases consist of 15 people, if jurors drop out e.g. because of illness the trial can continue with a minimum of 12 jurors. In criminal trials conviction is on the basis of a majority verdict, with eight jurors required to decide that the accused is guilty; should fewer than eight jurors declare a guilty verdict then the accused is acquitted, so a hung jury is an impossibility in Scottish criminal law.
A Lord Advocate's Reference is a procedure by which the Lord Advocate can refer a point of law that has arisen during the course of solemn proceedings to the High Court of Justiciary sitting as the Court of Criminal Appeal, for a determination. The Lord Advocate is the senior law officer of the Scottish Government, chief public prosecutor and head of the Crown Office and Procurator Fiscal Service in Scotland. Lord Advocate's References used to be particularly important because, prior to the coming into force of sections 73–76 of the Criminal Justice and Licensing (Scotland) Act 2010, a trial judge sitting alone in solemn proceedings and bound by appeal court precedent had to rule on points of law without a Crown right of appeal. This resulted in several controversial verdicts of acquittal, especially in relation to submissions tendered under section 97 of the Criminal Procedure (Scotland) Act 1995.
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) As of May 2016, the Lord President was Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk.
To be eligible for appointment as a senator, or temporary judge, a person must have served at least five years as sheriff or sheriff principal, been an advocate for five years, a solicitor with five years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for ten years (having passed the exam in civil law at least two years before application.) Appointments are made by the First Minister of Scotland on the recommendation of the Judicial Appointments Board for Scotland. The Judicial Appointments Board has a statutory authority for making recommendations under Sections 9 to 27 of the Judiciary and Courts (Scotland) Act 2008 (as amended by the Courts Reform (Scotland) Act 2014). Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers.
Smart relied on a passage from Gordon, Criminal Law at page 773, which stated: "If A and B decide to fight each other they cannot be guilty of assaulting each other, so long as neither exceeds the degree of violence consented to or permitted by law." The appeal was heard on 24 January 1975 in the High court of justiciary, who on appeal held that it was not a defence to a criminal charge of assault that the injuries had been caused in the course of a consensual fight. The court held that: "it is in the public interest that it should be decided and made known that consent to a 'square go' is not a defence to a charge of assault based on that agreed combat." The situation was different from indecent acts or injuries caused in the course of organised sports, such as boxing.
A further three years elapsed until Mandela's offer was repeated to Major's successor, Tony Blair, when the president visited London in July 1997 and again at the 1997 Commonwealth Heads of Government Meeting (CHOGM) in Edinburgh in October 1997. At the latter meeting, Mandela warned that "no one nation should be complainant, prosecutor and judge" in the Lockerbie case. The eventually agreed compromise solution of a trial in the Netherlands governed by Scots law was engineered by legal academic Professor Robert Black of the University of Edinburgh and, in accordance with the Labour government's promotion of an "ethical" foreign policy, was given political impetus by the then foreign secretary, Robin Cook. The Scottish Court in the Netherlands, a special High Court of Justiciary, was set up under Scots law in a disused United States Air Force base called Camp Zeist in Utrecht, in the Netherlands.
Argyll raised a body of troops and seized Hamilton's castle of Brodick in Arran. After the pacification of Berwick-upon-Tweed, he carried a motion, in opposition to James Graham, 1st Marquess of Montrose, by which the estates secured to themselves the election of the lords of the articles, who had formerly been nominated by the king. This was a fundamental change to the Scottish constitution, whereby the management of public affairs was entrusted to a representative body and withdrawn from the control of the crown. An attempt by the king to deprive Argyll of his office as justiciary of Argyll failed, and on the prorogation of the parliament by Charles, in May 1640, Argyll moved that it should continue its sittings and that the government and safety of the kingdom should be secured by a committee of the estates, of which he was the guiding spirit.
The Royal Society of Edinburgh in considering the establishment of the Scottish Sentencing Council looked at the example of England and Wales, with the more binding nature of guidelines, and identified that many more crimes in England and Wales have sentences prescribed by statute than is the case in Scotland. It was their assertion that the original proposal, with a predominantly lay Council, and guidelines that were binding on the Appeal Court would: They went to question if such a situation would allow the Appeal Court to be regarded as independent and impartial tribunal under Article 6 of the European Convention on Human Rights. The Royal Society of Edinburgh expressed further concerns that sentencing was to be determined solely by the Council, and not by either the High Court of Justiciary or the Scottish Parliament, and that the direct involvement of the Lord Advocate in sentencing would further erode judicial independence.
John Stewart of Ardvorlich wrote a brief account of the events surrounding the Battle of Achnashellach in his book The Camerons, A History of Clan Cameron, without quoting a source: There is tradition that the Clan Cameron took part in an expedition to the country of the Mackays in Sutherlandshire and that they defeated a joint force of Munros and Mackays but the object of this enterprise is not clear. Sir William Munro of Foulis was Justiciary and Lieutenant of Inverness and the Earldom of Ross. In 1505 he was killed by "Ewen McAllan Vicoldui" at Achnashellach. As Ewen MacAllan (Cameron) had supported the rebellion of Donald Dubh in 1503 and as Achnashellach is only 12 miles from the Castle of Strome in Lochalsh, which he was constable, it seems likely that Ewen was acting in support of Donald Dubh when Munro was killed.
The equivalent in Scotland is the Lord President of the Court of Session, who also holds the post of Lord Justice-General in the High Court of Justiciary. The equivalent in Northern Ireland is the Lord Chief Justice of Northern Ireland, successor to the Lord Chief Justice of Ireland of the pre-Partition era. As to a range of jurisdictions including England and Wales to which a further appeal can be sought (permission of either court is needed), is the senior figure of President of the Supreme Court of the United Kingdom, in a court that determines cases from the relevant Court of Appeal using the relevant jurisdiction's laws and contributes to the Judicial Committee of the Privy Council and hears fewer cases than the Court of Appeal. The current Lord Chief Justice is Lord Burnett of Maldon, who assumed the role on 2 October 2017.
He first came to Ireland in 1300 as Treasurer of Ireland, and held that office until 1308. He was one of five senior Crown officials who were given a royal commission to treat with the Irish magnates for service in the war with Scotland. His conduct as Treasurer came in for serious criticism: shortly after his departure from Ireland Ralph de Monthermer, 1st Baron Monthermer complained in the Justiciar's Court that Richard had unlawfully seized money and goods to the value of four hundred pounds which should have come to Ralph on the death of his wife Joan of Acre, daughter of King Edward I.Irish Justiciary Rolls 1308 The Justiciar ordered repayment to Ralph of the full amount claimed, which suggests that Bereford's conduct was questionable at least. In 1305 Geoffrey de Morton, lately Lord Mayor of Dublin, brought a series of lawsuits against Beresford.
Colin Campbell was often sent on diplomatic missions, the first in 1463, when King James III sent him to negotiate a truce with King Edward IV of England. One of the main terms was that neither king would support the enemies of the other. In 1464, Campbell was made master of the King's household. In 1465, he was appointed Lord Justiciary of Scotland, south of the Firth of Forth, a position he held in conjunction with Robert Boyd, 1st Lord Boyd, until Boyd fell out with the King and fled to England later in 1469, at which time, Campbell held the position alone. In 1466, he founded a chapel dedicated to St. Ninian at Dunure in Ayrshire. As a result of his marriage with Isabel Stewart, Campbell acquired the title Lord Lorne in 1469, which had previously been held by his wife's uncle, John Stewart.
"Lockerbie Revisited" is a 52-minute episode of the Dutch VPRO documentary television series Backlight () which was broadcast in the Netherlands on the eve of Abdelbaset al-Megrahi's second appeal against conviction that started at the High Court of Justiciary in Edinburgh on 28 April 2009. The film's director, Gideon Levy, narrates in Dutch and conducts interviews in English with retired FBI officer Richard Marquise, Detective Chief Superintendent Stuart Henderson of the Scottish police, ex-FBI laboratory official Thomas Thurman, UN Observer at the Lockerbie trial Hans Köchler, author and journalist Ian Ferguson, former CIA agent Robert Baer, ex-FBI laboratory scientist Fred Whitehurst and former Lord Advocate Lord Fraser of Carmyllie. In October 2009, Backlight – Lockerbie Revisited was awarded the Prix Europa as the Best Television Current Affairs Programme of the Year 2009. The prize was donated by the Directorate of Communication of the Council of Europe.
The Supreme Court of the United Kingdom is the ultimate court for criminal and civil matters in England, Wales and Northern Ireland and for civil matters in Scotland. (The supreme court for criminal matters in Scotland is the High Court of Justiciary.) The Supreme Court was established by the Constitutional Reform Act 2005 with effect from 1 October 2009, replacing and assuming the judicial functions of the House of Lords. Devolution issues under the Scotland Act 1998, Government of Wales Act and Northern Ireland Act were also transferred to the new Supreme Court by the Constitutional Reform Act, from the Judicial Committee of the Privy Council. The Supreme Court shares its members and accommodation at the Middlesex Guildhall in London with the Judicial Committee of the Privy Council which hears final appeals from certain smaller Commonwealth realm countries, admiralty cases, and certain appeals from the ecclesiastical courts and statutory private jurisdictions, such as professional and academic bodies.
The session was overseen by the justiciary of the Arbroath abbots and held in the house of Alexander Stewart, Earl of Mar, a known supporter of the Irvine family who had fought alongside him in France and at the Battle of Harlaw, just north of Inverurie. The land continued in Irvine family ownership until 1624 when they sold it to the Urquharts of Craigfintray. George Ogilvy, who later became Lord Banff, acquired Forglen in 1637. The Ogilvy family were staunch Royalists and their properties, including Forglen, came under attack by the Covenanter forces led by General Robert Monro in 1640. The principal family seat at the time was Inchdrewer Castle and appears to have remained as the main residence until around 1713 when George Ogilvy, 3rd Lord Banff died in a fire there. Sir Alexander Ogilvy, 1st Baronet was the second son of George Ogilvy, 2nd Lord Banff and is described in a 1702 ratification charter signed by Queen Anne as "Alexander Ogilvy of Forglen".
The Chairman of the Scottish Land Court is ranked as a Senator of the College of Justice, and is required to be meet the same eligibility criteria as a Senator.To be eligible for appointment as a senator a person must have served at least 5 years as sheriff or sheriff principal, been an advocate for 5 years, a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.) The Scottish Land Court has a legally qualified Deputy Chairman, with several Agricultural Members. The Agricultural Members (also called "practical Members") are lay (not legally qualified) members of the Court with significant experience of agriculture. They deal with many crofting cases, and sit in the Divisional Court, where they are supported by the Principal Clerk as legal assessor.
However Lysons (who had a good opportunity of forming a sound judgment, from his personal acquaintance in the early part of the 19th century with Sir Francis Basset, 1st Baron de Dunstanville) says that the Bassets (who seem to have been first settled in Oxfordshire and other of the midland counties) can scarcely be said to have become Cornish folk (although they may have held property in Cornwall earlier) until the marriage of Adeliza de Dunstanville with Thomas, Baron Basset of Hedendon, Oxfordshire, in the time of King Henry II (1154-1189). Her ancestor, Alan de Dunstanville, was lord of the manor of Tehidy as early as 1100. Scrope in his History of the Manor of Castle Combe, Wilts, corroborates this account. This Thomas Basset appears to have been a descendant (probably a great-grandson) of King Henry I's justiciary Osmund Basset, and himself held a like post under King Henry III (1216-1272).
The High Court of Justiciary, the Court of Session, and the Office of the Accountant of Court make up the College of Justice, and are known as "the Supreme Courts of Scotland". Prior to 1 October 2009, there were two other courts known as "the supreme court", namely the Supreme Court of England and Wales (known as "the Supreme Court of Judicature", prior to the passing and coming-into-force of the Senior Courts Act 1981), which was created in the 1870s under the Judicature Acts, and the Supreme Court of Judicature of Northern Ireland, both of which consisted of a Court of Appeal, a High Court of Justice and a Crown Court. When the provisions of the Constitutional Reform Act 2005 came into force these became known as the Senior Courts of England and Wales and the Court of Judicature of Northern Ireland respectively. The Judicial Committee of the Privy Council also retains jurisdiction over certain matters.
According to Lord Hope of Craighead, the Deputy President of the Supreme Court, non-Scottish judges will in practice defer to their Scottish colleagues in Scottish cases, and often simply concur with judgements written by the Scottish judges. However, the situation is seen by some, including the Scottish Government, as undermining the status of the High Court of Justiciary as the final court of appeal in criminal matters in Scots law, and even of undermining the integrity of Scots law. The Advocate General for Scotland asked an expert group, chaired by Sir David Edward, to consider this issue and make recommendations, which led to the amendments to the Scotland Bill proposed by the UK Government. The Scottish Government remains concerned that the amendments may not fully address the issue, particularly as a result of the decision of the Supreme Court in Fraser v HM Advocate, and appointed their own expert group, chaired by Lord McCluskey, to consider the matter and report back.
Parliament House, Edinburgh, home of the Court of Session The Act was intended to prevent the business of the Court of Session and High Court of Justiciary being disrupted by the absence of Scotland's two most senior judges (the Lord President and the Lord Justice Clerk). The Act provided a system whereby the powers and functions of the Lord President could be passed to the Lord Justice Clerk, or those of the Lord Justice Clerk to the next most senior judge. If five senior judges in the Inner House of the Court of Session, including the Lord Justice Clerk, certify through a written declaration to the First Minister that the Lord President is incapacitated, the Lord President's duties become exercisable by the Lord Justice Clerk. Similarly, if five judges of the Inner House, including the Lord President, certify in writing to the First Minister that the Lord Justice Clerk is incapacitated, his functions, including any which he has assumed due to the Lord President's incapacity, pass to the next most senior judge of the Inner House.
Many remained, one of the most significant being control of the thirty-three Sheriffs who presided over the Scottish court system. In 1745, only eight of these were appointed by the Crown, three were appointed for life, with the rest being hereditary; their owners employed legal professionals known as Sheriff-substitutes or deputes, who earned their salary by taking a percentage of the fines imposed. James, Duke of Hamilton (1724-1758); received £38,000 in compensation The Act gave the Crown control over the appointment of Sheriffs, with the role of Justiciar transferred to the High Court of Justiciary. Since these were recognised as private property under Article XX of the 1707 Act of Union,Original text of the Act of Union their owners were compensated, although Jacobites were excluded. A total of £152,000 was paid out in compensation, the two biggest payments being £38,000 to the Duke of Hamilton and £25,000 to the Duke of Argyll. Other recipients included Sir Andrew Agnew, hereditary sheriff of Wigtownshire, who received £4,000 in recognition of his support for the government in 1745.
St Mary's Parish Church in Kirkintilloch Craigie's significant work includes the domed roof and restaurant additions to the Grosvenor Building, 72–80 Gordon Street (1902–07);Grosvenor Building, Gordon Street, Glasgow Art Nouveau remodelling of early 19th century tenement, 186–188 Argyle Street (1908); the reconstruction of the Justiciary Courthouse, Jocelyn Square (1910–13); Corona Bar, Langside (1912–13); and St Mary's Parish Church, Kirkintilloch (1912–14). Circa 1925 In 1929, Craigie was commissioned to design a new Department Store with of shopping space for the firm of Lewis's Limited, who had bought over an old Glasgow firm, John Anderson's "Royal Polytechnic" known to Glaswegians as "The Poly".South Glasgow Heritage & Environment Trust – Anderson's Royal Polytechnic He worked closely with Frederick Marquis (later Lord Woolton) who subsequently became Managing Director of Lewis's. They were most thorough in their planning and Craigie and Marquis toured the country inspecting all department stores with the object of ensuring that the new store would embrace everything that was good in its construction.
The Exchequer Rolls of Scotland have "Domini Roberti de Lawedre" in 1337 as the owner of lands in Inverness-shire, and Forres. They included "Dreketh", and "Banchori". "Sir Robert de Lawedre, Justiciar of Scotland on the north side of the water of Forth" was present at the siege of Falkland Castle in February 1337 when he was one of the witnesses to a charter by Duncan (or Donnchadh IV, Earl of Fife,1288–1353), to Dame Beatrix de Douglas, widow of Sir Archibald de Douglas, knight, (presumably he who fell at Halidon Hill), of the barony of Wester Caldor, for life, and after her death to her sons and heirs by Sir Archibald. About 1340 Robert de Lawder, Justiciary, was a witness, with James Lord Douglas, Robert de Keith, Henry St.Clair, Alexander de Seaton, all knights, plus the "Lord" William, Rector of the parish of Morham, East Lothian, to a charter of Euphemia, the widow of Sir John Giffard, Lord of Yester, relating to the tenement of land of "Barow" (today: Bara, East Lothian).
Scott was in an unusually good position to write a book on demonology and witchcraft, since, as Lockhart reminded him, "You have a whole library de re magica [on the subject of magic] at Abbotsford", but he nevertheless had to call on his friends for help in finding much out-of-the-way material. Important sources for Scott's work include Samuel Hibbert's Sketches of the Philosophy of Apparitions, Robert Pitcairn's Criminal Trials and other Proceedings before the High Court of Justiciary in Scotland, Reginald Scot's Discoverie of Witchcraft, Robert Kirk's Essay on the Subterranean Commonwealth, Cotton Mather's Magnalia Christi, John Ferriar's "Of Popular Illusions and More Particularly of Modern Demonology", Thomas Jackson's Treatise Containing the Originall of Unbelief, and a host of primary sources in the form of anecdotes sent him by his correspondents, not to mention his own memories of personal experiences, such as buying a favourable wind from a witch in Orkney during a voyage he undertook in 1814. Scott was also able to draw on a large corpus of his own previous writings on matters supernatural.
Common law is an important legal source in Scotland, especially in criminal law where a large body of legal precedent has been developed, so that many crimes, such as murder, are not codified.Reasoning by Precedent, Introduction to the Scottish Legal System as a Mixed Legal System, ErasmusLaw, Retrieved 2011-10-22 Sources of common law in Scotland are the decisions of the Scottish courts and certain rulings of the Supreme Court of the United Kingdom (including its predecessor the House of Lords).The Criminal Courts, Healthy & Safety Executive, Retrieved 2011-10-22 The degree to which decisions of the Supreme Court are binding on Scottish courts in civil matters is controversial, especially where those decisions relate to cases brought from other legal jurisdictions; however, decisions of the Supreme Court in appeals from Scotland are considered binding precedent.Final Appellate Jurisdiction in the Scottish Legal System, Scottish Government, Retrieved 2011-10-22 In criminal cases the highest appellate court is the Court of Justiciary and so the common law related to criminal law in Scotland has been largely developed only in Scotland.
The report accordingly concluded that the collapse was likely to be the result of degeneration of the fractured rock overlying the tunnel, which progressively increased the loading on the tunnel's brick arch ring in a way that could not adequately be distributed into the surrounding hillside. It was further noted that these conditions had quite possibly made the tunnel "dangerously unstable" for many years prior to the collapse, and that the collapse would likely have occurred at some time or another even had the enlargement works not been undertaken. Finally the report stated that – as the conditions leading to the collapse could not reasonably be foreseen – there were no grounds for finding any individual responsible for the accident. Despite this the British Railways Board was charged in the High Court of Justiciary in Edinburgh with "having failed to ensure that persons in the tunnel were not exposed to the risk of personal injury by the collapse of part of the [tunnel] structure", to which the Board entered a guilty plea and was fined £10,000.
Cumming was the eldest son of Alexander Cumming of Culter and his wife Helen Allardice, daughter of James Allardice of Allardice, Kincardine. He married, in about 1690, Elizabeth Swinton, daughter of Sir Alexander Swinton, Lord Mersington, known as the fanatical judge, and entered the faculty of advocates in 1691. He went to study in Holland. He was created a Baronet in the Baronetage of Nova Scotia on 28 February 1695. He qualified at Leyden on 30 December 1695, aged 25 and returned to Scotland and attracted prominent clients to his practice. He was Commissioner of Justiciary for the Highlands in 1701 and 1703 and captain of foot in the Earl of Mar’s regiment from 1702 to 1704. From 1705 to 1711 he was conservator of Scottish privileges in the Low Countries. His wife Elizabeth died in 1709 and he married as his second wife Elizabeth Dennis, daughter of William Dennis of Pucklechurch, Gloucestershire on 10 September 1710 Cumming was elected Member of Parliament for Aberdeenshire at a by-election on 18 January 1709.
The entrance to the ruins of Montgreenan Castle, the 'Bishop's Palace' The Abbot's seal The list of the Kilwinning abbots starts with Rainer, 1190; Nigellus, 1201–10; John, 1214–26; William, 1280; Bernard, 1296-1307; William Daunant, 1335; William de Deyn, 1344; John of Dalgarno, 1344–67; Robert, 1361–70; John, 1383–84; Roger, 1400-1408; Adam Spark, 1407–39; William Boyd, 1443–74; William Bunsh or Bunche, 1474–1513, killed at the Battle of Flodden; John Foreman, 1512–13; James Beaton, 1513–26; Alexander Hamilton, 1527–45; Henry Sinclair, 1545–50; Gavin Hamilton, 1550-71.Dobie, Pages 260-262 The commendators in theory held the lands and properties in the usually temporary absence of abbots, however the reality of the Reformation effectively terminated such arrangements and the aristocracy 'fought over' the opportunity to acquire revenues, lands and properties. The 'roasting of the Commendator' of Crossraguel Abbey at Dunure Castle in 1570 by Gilbert Kennedy, 4th Earl of Cassilis is a case in point. MetcalfeMetcalfe, Page 88 records that in 1552, Hugh, third Earl of Eglinton, was made Commendator of the monastery, and had the office of chamberlain, justiciary, and bailie of all the lands belonging to that monastery.
The Chairman of the Scottish Land Court is also appointed President of the Lands Tribunal for Scotland, and has the same rank and tenure as a Senator of the College of Justice, but does not number as a member of the Court of Session. The office of Chairman was created with the founding of the Scottish Land Court in 1991 under the Small Landholders (Scotland) Act 1911. The Chairman is legally qualified, and must satisfy the same eligibility criteria as a Senator: that is, they must have served at least five years as sheriff or sheriff principal, and have been either an advocate for five years, or a solicitor with five years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for ten years (having passed the examination in civil law at least two years before application.) The Chairman is supported by a Deputy Chairman, who holds the office of advocate. , the Chairman of the Scottish Land Court is Lord Minginish who was appointed by the Monarch on 1 October 2014, having previously served as Deputy Chairman.
It is thought that the first 'modern' feudal superior of the lands of Nunraw was the Church. The name Nunraw denotes the nuns' row or hamlet, and Martine adds that "old nuns came from Italy and settled down at Nunraw". The Lauder of The Bass family appear to have later held it as a feu. Acta Dominorum Concilii, July 1501, records a dispute between Jonet, prioress of the Convent of Haddington, (represented by David Balfour of Caraldstone) and Robert Lauder of The Bass, knight, regarding the lands and chapellany of Garvald, and also damage made to Sir Robert Lauder's house at Whitecastle. The case was remitted to Patrick Hepburn, 1st Earl of Bothwell, for his consideration and adjourned until 15 October 1501. The conflict seemed to continue, however, as the Justiciary Records, under date 25 February 1510, narrate how "Thomas Dicsoune (Dickson) at the Monastery of Hethingtoune (Haddington) and others, came in the King's will for oppression done to Robert Lauder of The Basse, knight, coming under silence of night to the lands of Whitecastle, and casting down the house built there by the said Robert" (presumably the Pele Tower there).
The court consisted of three judges from the High Court of Justiciary (Scotland's highest criminal court), of whom Tinwald (Justice Clerk) was elected preses (presiding member). Subpoenas under the seal of the court and signed by the clerk were executed on a great number of persons in different shires, requiring them to appear as witnesses under the penalty of £100 each. The preses named Sir John Inglis of Cramond as Foreman of the Grand Jury, who was sworn first in the English manner by kissing the book; the others followed three at a time; after which Lord Tinwald, addressing the jurors, informed them that the power His Majesty's advocate possessed before the union, of prosecuting any person for high treason, who appeared guilty on a precognition taken of the facts, being now done away, power was lodged with them, a grand jury, 12 of whom behoved to concur before a true bill could be found. An indictment was then preferred in court and the witnesses endorsed on it were called over and sworn; on which the jury retired to the exchequer chambers and the witnesses were conducted to a room near it, whence they were called to be examined separately.
Parliament's role in deciding litigation originated from the similar role of the Royal Court, where the King dispensed justice. Parliament grew out of the Court and took on many of its roles. As lower courts were established, the House of Lords came to be the court of last resort in criminal and civil cases, except that in Scotland, the High Court of Justiciary remained the highest court in criminal matters (except for 1713-1781). Parliament originally did not hear appeals as a court might; rather, it heard petitions for the judgments of lower courts to be reversed. The House of Commons ceased considering such petitions in 1399, leaving the House of Lords, effectively, as the nation's court of last resort. The Lords' jurisdiction later began to decline; only five cases were heard between 1514 and 1589, and no cases between 1589 and 1621. In 1621, the House of Lords resumed its judicial role when King James I sent the petition of Edward Ewer, a persistent litigant, to be considered by the House of Lords. Petitions for the House of Lords to review the decisions of lower courts began to increase once again. After Ewer, 13 further cases would be heard in 1621.

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