High Court of Justiciary | |
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Royal Court of Arms of the United Kingdom as used by the Courts in Scotland
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Established | 1672 |
Country | Scotland |
Location |
Parliament House, Edinburgh Justiciary Buildings, Glasgow Sheriff Court Annex (Mercatgate), Aberdeen |
Composition method | Appointed by the Monarch on recommendation of the First Minister of Scotland or Scottish Ministers who receive a recommendation from the Judicial Appointments Board for Scotland |
Authorized by | Courts Act 1672 an Act of the Parliament of Scotland |
Decisions are appealed to | Limited appeals to Supreme Court of the United Kingdom |
Judge term length | Compulsory retirement at age of 75 |
No. of positions | 35, by Scottish Statutory Instrument |
Website | www.scotcourts.gov.uk |
Lord Justice General | |
Currently | Colin Sutherland, Lord Carloway |
Since | 18 December 2015 |
Lord Justice Clerk | |
Currently | Lady Dorrian |
Since | 13 April 2016 |
The High Court of Justiciary is the supreme criminal court in 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, or in its own court buildings in Glasgow and Aberdeen. However it sometimes sits in various smaller towns in Scotland, when it borrows the local Sheriff Court building. As a court of appeal, it sits only in Edinburgh.
The High Court of Justiciary has also sat once outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands.
The High Court was founded in 1672 by the Courts Act 1672, but its origins derive from the College of Justice, as well as from the medieval royal courts and barony 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.
The High Court has jurisdiction over all crimes in Scotland unless restricted by statute. The High Court has exclusive jurisdiction over serious crimes such as treason, murder, and rape and, in practice, deals with armed robbery, drug trafficking, and sexual offences involving children (over which it shares jurisdiction with the sheriff court.)