Justice of the peace court

A justice of the peace court is the lowest authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.

Justice of the Peace Court
Established	2008–2010
Composition method	Appointed by Scottish Ministers on the recommendation of Justice of the Peace Advisory Committees
Authorised by	Criminal Proceedings etc. (Reform) (Scotland) Act 2007
Appeals to	Sheriff Appeal Court
Judge term length	5 years
Website	https://www.scotcourts.gov.uk/the-courts/jp-court/about-jp-courts

Established gradually from 2008, the courts replaced the system of District Courts operated by local authorities. The new justice of the peace courts came under the organisation of the Scottish Courts and Tribunals Service and were organised geographically in line with Scotland's sheriffdoms.

The court is presided over by justices of the peace, lay judges who exist across the United Kingdom but sit in the Magistrates' Court in England and Wales, and in Northern Ireland. Justices of the peace were first introduced in Scotland in the 17th century and previously administered justice in a variety of courts, as well as carrying out administrative duties in their local areas. Unlike justices in other parts of the UK, justices of the peace in Scotland now most commonly sit as a single bench with one judge.

History

Perth's Municipal Buildings. Burgh and district courts often met in local civic buildings.

Stirling Sheriff and Justice of the Peace Court, co-located following the administrative merger in 2009.

The commission of the peace was originally instituted in Scotland in the 16th century. Initially, justices were given the task of administering the county within which they resided until this work passed to the county councils with their establishment in 1888. Justices of the peace were then left with jurisdiction in the licensing board and minor criminal cases.

Preceding court structures

The creation of a uniform system of district courts across Scotland, introduced in 1975, regularised the courts that justices of the peace sat in. The district courts replaced a number of "inferior courts", which were listed in the 1975 legislation as "justice of the peace courts, quarter sessions, burgh courts, police courts, and the court of the bailie of the river and firth of Clyde".

The new district courts sat in each local authority district and administered criminal law under summary procedure.

Emergence of the JP Court

The justice of the peace courts replaced the district courts in a rolling programme of court unification that concluded in 2010 under the terms of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. As part of the changes, responsibility for the management of the court was moved from local authorities to the Scottish Courts and Tribunals Service. The district courts were replaced by justice of the peace courts as follows:

• Sheriffdom of Lothian and Borders, 10 March 2008
• Sheriffdom of Grampian, Highlands and Islands, 2 June 2008
• Sheriffdom of Glasgow and Strathkelvin, 8 December 2008
• Sheriffdom of Tayside, Central and Fife, 23 February 2009
• Sheriffdom of North Strathclyde, 14 December 2009
• Sheriffdom of South Strathclyde, Dumfries & Galloway, 22 February 2010

Stipendiary magistrates

In Glasgow, some JP courts were presided over by a stipendiary magistrate, who were paid and required to be legally qualified. This position was abolished by the Courts Reform (Scotland) Act 2014 and replaced with summary sheriffs.

A stipendiary magistrate could impose a higher maximum sentence than a justice of the peace: up to twelve months imprisonment or a fine not exceeding £10,000, which was the same as that of a sheriff sitting alone under summary procedure. The option of appointing a stipendiary magistrate to a busy lay court had existed since the end of the 19th century.

Remit and jurisdiction

JP courts deal with many minor offences, including breach of the peace, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982.

JP courts have the power to sentence imprisonment for any period not exceeding sixty days; a fine not exceeding level 4 on the standard scale; to find caution (in lieu of or in addition to such imprisonment or fine) for good behaviour for any period not exceeding six months and to an amount not exceeding level 4 on the standard scale; or failing payment of such fine or on failure to find such caution, to impose imprisonment in proportion to the amount of the fine, etc. They also have the power to make the same orders following conviction as the sheriff court, such as a disqualification order under section 40 of the Animal Health and Welfare (Scotland) Act 2006, and can disqualify a person from driving. Since these powers were enlarged in 2007, JP courts have been involved in increasingly serious cases, where their powers are considered appropriate. Their judgments can be appealed to the Sheriff Appeal Court, however further appeals to High Court of Justiciary can only be made on a point of law.

Justices acting personally can have a role in signing duties, for example in granting search warrants and emergency child protection orders.

Judges and office holders

The individuals who sit in a justice of the peace court are known as justices of the peace, justices or JPs. Generally they are not legally qualified. A legally qualified person can become a justice of the peace, but cannot act in any proceedings in a justice of the peace court within their own sheriffdom. Justices are appointed for a five-year renewable term by the justices of the peace advisory committees for each sheriffdom, acting on the basis of standards set by the Judicial Appointments Board for Scotland.

There is no precedence between justices; all are equal. However, a minority of JP courts operate with a bench of three justices, as opposed to a sole justice, in which circumstances a chair is appointed by those sitting on that day. They are collectively represented by the Scottish Justices Association.

See also

• Judiciary of Scotland
• Judiciary of the United Kingdom
• Magistrates' Court (English equivalent of a Justice of the Peace Court)

External links

• Justice of the Peace Court
• Scottish Justices Association

UK legislation

• Text of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.