High Court of Justiciary
Encyclopedia
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.
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.
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.
' 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.
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.
, as well as from the medieval royal court
s. 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.
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
The High Court is both a court of first instance
Court of first instance
A court of first instance is a trial court of original or primary jurisdiction.Specific courts called the Court of First Instance include:* European Court of First Instance, of the European Union* Court of First Instance...
and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House
Parliament House, Edinburgh
Parliament House in Edinburgh, Scotland, was home to the pre-Union Parliament of Scotland, and now houses the Supreme Courts of Scotland. It is located in the Old Town, just off the Royal Mile, opposite St Giles Cathedral.-Parliament Hall:...
, or in the former Sheriff Court building, in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
, but also sits from time to time at various other locations in Scotland. As a court of appeal, it sits only in Edinburgh.
The High Court of Justiciary once sat apparently outwith Scotland, at Zeist
Zeist
Zeist is a municipality and a town in the central Netherlands, located east of the city of Utrecht.-Population centres :*Austerlitz*Bosch en Duin*Den Dolder*Huis ter Heide*Zeist- The town of Zeist :...
in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
during the Pan Am Flight 103 bombing trial
Pan Am Flight 103 bombing trial
The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988...
(see Scottish Court in the Netherlands
Scottish Court in the Netherlands
The Scottish court in the Netherlands was the special High Court of Justiciary set up under Scots law in a former United States Air Force base called 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...
). 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
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, Scotland's supreme civil court. The Court of Session's Lord President
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...
is also the High Court's Lord Justice General. 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...
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
Senator of the College of Justice
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 ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
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 provenNot proven
Not proven is a verdict available to a court in Scotland.Under Scots law, a criminal trial may end in one of three verdicts: one of conviction and two of acquittal ....
' 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
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
, as well as other serious crimes.
Appellate jurisdiction
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 JusticeCollege of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
, as well as from the medieval royal court
Noble court
The court of a monarch, or at some periods an important nobleman, is a term for the extended household and all those who regularly attended on the ruler or central figure...
s. The medieval Justiciar
Justiciar
In medieval England and Ireland the Chief Justiciar was roughly equivalent to a modern Prime Minister as the monarch's chief minister. Similar positions existed on the Continent, particularly in Norman Italy. The term is the English form of the medieval Latin justiciarius or justitiarius In...
(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.
See also
- William RougheadWilliam RougheadWilliam Roughead was a well-known Scottish lawyer and amateur criminologist, as well as an editor and essayist on "matters criminous". He was an important early practitioner of the modern "true crime" literary genre.-Career:...
, between 1889 and 1949 attended every murder trial of significance held in the Court. - Courts of ScotlandCourts of ScotlandThe civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
- List of Senators of the College of Justice
- List of leading Scottish legal cases
- Scottish Court in the NetherlandsScottish Court in the NetherlandsThe Scottish court in the Netherlands was the special High Court of Justiciary set up under Scots law in a former United States Air Force base called 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...