Ad vitam aut culpam
Encyclopedia
Ad vitam aut culpam is a Latin phrase found in Scots law
which meaning "for life or until fault" which guarantees the right of a Sheriff Depute
(judge
) to hold office permanently or until they forfeit such by misconduct. The Heritable Jurisdictions (Scotland) Act 1746
used the phrase to guarantee a Sheriff's term office after they have held office for seven years.
The applicability of this law was decided upon by the House of Lords
in the case Stewart v. Secretary of State For Scotland where it was stated this it did not protect a Sheriff from dismissal for inability. Further Acts of Parliament empowered the Lord President of the Court of Session
and the Lord Justice Clerk
to remove Sheriffs from office due to a personal inability to complete their function - differentiated from a mental incapacity or incapacity due to age. Therefore, ad vitam aut culpum has a limited applicability which does protect an office from dismissal if they are incompetent.
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
which meaning "for life or until fault" which guarantees the right of a Sheriff Depute
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
(judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
) to hold office permanently or until they forfeit such by misconduct. The Heritable Jurisdictions (Scotland) Act 1746
Heritable Jurisdictions (Scotland) Act 1746
The Heritable Jurisdictions Act 1746 was an Act of the British Parliament passed in the aftermath of the Jacobite rising of 1745....
used the phrase to guarantee a Sheriff's term office after they have held office for seven years.
The applicability of this law was decided upon by the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
in the case Stewart v. Secretary of State For Scotland where it was stated this it did not protect a Sheriff from dismissal for inability. Further Acts of Parliament empowered the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
and the Lord Justice Clerk
Lord Justice Clerk
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session.The holder has the title in both the Court of Session and the High Court of Justiciary and is in charge of the Second Division of Judges in the Court of Session...
to remove Sheriffs from office due to a personal inability to complete their function - differentiated from a mental incapacity or incapacity due to age. Therefore, ad vitam aut culpum has a limited applicability which does protect an office from dismissal if they are incompetent.