Justice of the peace court
| Justice of the Peace Court | |
|---|---|
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| Established | 2008 - 2010 |
| Composition method | Appointed by Scottish Ministers on the recommendation of Justice of the Peace Advisory Committees |
| Authorized by | Criminal Proceedings etc. (Reform) (Scotland) Act 2007 |
| Decisions are appealed to | Sheriff Appeal Court |
| Judge term length | 5 years |
| Number of positions | 2 or 3 per bench |
| Website | https://www.scotcourts.gov.uk/the-courts/jp-court/about-jp-courts |
A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.
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.
District courts were introduced in 1975 as a replacement for burgh police courts and sat in each local authority area under summary procedure only. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enabled the Scottish Ministers to replace district courts by "justice of the peace courts".
The justice of the peace courts are managed by the Scottish Courts and Tribunals Service. Responsibility for the courts was transferred from the local authorities in a rolling programme of court unification that concluded in February 2010. The district courts were replaced by justice of the peace courts as follows:
In Glasgow only, some JP courts were presided over by a legally qualified stipendiary magistrate, and these officeholders can be classed as having the same powers and responsibilities. However, the maximum sentence that a stipendiary magistrate may impose is twelve months imprisonment or a fine not exceeding £10,000, which is the same as that of a sheriff sitting alone. The option of appointing a stipendiary to a busy lay court has reportedly existed since the end of the 19th century and their powers were extended soon after their introduction to match those exercised by a sheriff dealing with summary criminal business. The 2007 Act, and its predecessor legislation continues to make such arrangements available. The Courts Reform (Scotland) Act 2014 will abolish the office of stipendiary magistrate.
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