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The Service was first established as the Scottish Courts Administration in 1995, as an executive agency of the Scottish Office. It was later renamed Scottish Court Service. In 1999, the Service became an agency of the Scottish Government after responsibility of the courts and judiciary of Scotland were transferred under devolution.
The head of the judiciary in Scotland is the Lord President of the Court of Session [2] whose office dates back to 1532 with the creation of the College of Justice. [3] Scotland's judiciary was historically a mixture of feudal, local, and national judicial offices.
The Lord President of the Court of Session, as head of the judiciary in Scotland, is responsible for the Upper Tribunal for Scotland. Some of the Lord President's functions in relation to tribunals have been delegated to the President of the Scottish Tribunals, currently Lady Wise. [2] It is administered by the Scottish Courts and Tribunals ...
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.
In November 2010 the Scottish Government released its response to the Review accepting "the majority of Lord Gill's recommendations" including expressly the following proposals: [6] "Civil court business should be reallocated to more appropriate levels, with a far greater proportion of civil court business to be heard by the sheriff courts
The Court of Session and sheriff courts have a co-extensive jurisdiction for all cases with a monetary value in excess of £100,000, with the choice of court being given in the first place to the pursuer (the claimant), the majority of difficult or high-value cases in Scotland are brought in the Court of Session. Any final decision of a sheriff ...
Criminal cases are prosecuted by the Crown Office and Procurator Fiscal Service. and the Scottish Courts and Tribunal Service. [1] Scotland's supreme criminal court is the High Court of Justiciary. [2] The Court of Session is the supreme Scottish civil court [3] but UK-wide courts can review decisions of great public or constitutional importance.
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. [1] The Keeper of the Signet grants a commission to the Principal Clerk of Session to allow His Majesty's Signet to be used.