High Court of Justiciary

High Court of Justiciary
Royal Coat of Arms in Scotland
Established	1672
Jurisdiction	Scotland
Location	Parliament House, Edinburgh
Composition method	Appointed by Monarch with name presented by the First Minister of Scotland following the Judicial Appointments Board for Scotland
Authorized by	Act of Parliament of Scotland
Decisions are appealed to	None
Judge term length	ad vitam aut culpam
Number of positions	34
Website	www.scotcourts.gov.uk
Lord Justice General
Currently	Lord Hamilton[1]
Since	2nd December 2005

The High Court of Justiciary is the supreme criminal court of Scotland.

The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time to time at various other locations in Scotland. As a court of appeal, it sits only in Edinburgh.^[2]

The High Court of Justiciary once sat apparently outwith Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial (see Scottish Court in the Netherlands). However, the court precincts were temporarily made British territory under Scottish Law for the duration of this case.

Judges

The individuals who sit in the High Court often hold a seat simultaneously in Scotland's civil court system.

The judges of the High Court are the same ones who sit in the Court of Session, Scotland's supreme civil court. The Court of Session's Lord President is also the High Court's Lord Justice General. The Lord Justice Clerk holds his or her office in both courts. The remaining judges are referred to as Lords Commissioners of Justiciary in the context of the High Court, and Lords of Council and Session or Senators of the College of Justice in the context of the Court of Session.

First instance jurisdiction

When sitting as a court of first instance, that is, when hearing a case for the first time rather than on appeal, a single Lord Commissioner of Justiciary usually presides (although two or more judges may sit in important or difficult cases) with a jury of fifteen individuals. Under the Scottish legal system, the jury need not return a unanimous verdict; a majority verdict may also be used. The Scottish legal system also permits a verdict of 'not proven' as well as verdicts of 'guilty' or 'not guilty'.

The High Court has jurisdiction over all crimes in Scotland unless restricted by statute. In practice, however, the High Court generally deals with crimes, such as murder and rape, in which it has exclusive jurisdiction, as well as other serious crimes.

Appellate jurisdiction

High Court of Justiciary

Scots law This article is part of the series: Law of Scotland Administration Scottish Government Cabinet Secretary for Justice Judicial Appointments Board Scottish Legal Aid Board Scottish Court Service College of Justice Office of the Public Guardian Scottish Law Commission Scottish Criminal Cases Review Commission Scottish Prison Service Civil courts Supreme Court Court of Session Lord President Lord Justice Clerk Lords of Session Office of the Accountant of Court Act of Sederunt Sheriff Court Sheriff Principal Sheriff Criminal courts High Court of Justiciary Lord Justice-General Lord Justice Clerk Lords Commissioner of Justiciary Sheriff Court Sheriff Principal Sheriff Justice of the Peace Court Justice of the Peace Special courts Court of the Lord Lyon Lord Lyon King of Arms Scottish Children's Reporter Administration Children's Hearings Scottish Land Court Lands Tribunal for Scotland Criminal prosecution Lord Advocate Crown Office Advocate Depute Procurator Fiscal Fiscal fine Precognition Legal profession Faculty of Advocates Advocate Law Society of Scotland Solicitor-Advocate Solicitor Association of Commercial Attorneys

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 (that can be made to or heard by the High Court). Appellants who still wish to pursue their appeal may petition the Scottish Criminal Cases Review Commission, who have the authority to refer an appeal back to the High Court, if they determine that a miscarriage of justice has occurred. Appellants are also entitled to lay their appeals before the UK Supreme Court and the European Court.

History and founding

The High Court was founded in 1672, but its origins derive from the College of Justice, as well as from the medieval royal courts. The medieval Justiciar (royal judge) took its name from the justices who originally travelled around Scotland hearing cases on circuit or 'ayre'. From 1524, the Justiciar or a deputy was required to have a "permanent base" in Edinburgh, and as such the College of Justice was established in Edinburgh in 1532.

References

1. ^ "Lord Hamilton is new Lord President". The Journal of the Law Society of Scotland (Connect Communications (Scotland) Limited). 2005-11-24. http://www.journalonline.co.uk/news/1002497.aspx. Retrieved 2008-07-15. 
2. ^ "Scottish Court Service - High Court of Justiciary". Scottish Court Service. http://www.scotcourts.gov.uk/justiciary/index.asp. Retrieved 2009-09-09. 

See also

• William Roughead, between 1889 and 1949 attended every murder trial of significance held in the Court.
• Courts of Scotland
• List of Senators of the College of Justice
• List of leading Scottish legal cases
• Scottish Court in the Netherlands

External links

• High Court of Justiciary