View source for Courts of Scotland

{{Short description|Administration of justice in Scotland}}
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{{CourtsScotland}}
[[File:Law Courts entrance, Parliament Square.JPG|thumb|Judges' entrance to [[Parliament House (Scotland)|Parliament House]], the home of the [[Supreme Courts of Scotland]], in [[Parliament Square, Edinburgh|Parliament Square]], Edinburgh.]]The '''courts of Scotland''' ({{langx|gd|Cùirtean na h-Alba}}) are responsible for administration of [[justice]] in Scotland, under [[Primary and secondary legislation|statutory]], [[common law]] and [[Equity (law)|equitable provisions]] within [[Scots law]]. The courts are presided over by the [[judiciary of Scotland]], who are the various [[Judge|judicial office holders]] responsible for issuing [[Judgment (law)|judgments]], ensuring [[Right to a fair trial|fair trials]], and deciding on [[Sentence (law)|sentencing]]. The [[Court of Session]] is the [[Supreme court|supreme]] [[Civil law (common law)|civil court]] of Scotland, subject to [[appeal]]s to the [[Supreme Court of the United Kingdom]], and the [[High Court of Justiciary]] is the [[Supreme court|supreme]] [[Criminal justice|criminal court]], which is only subject to the authority of the Supreme Court of the United Kingdom on [[Devolution in the United Kingdom|devolution issues]] and [[human rights]] [[European Convention on Human Rights|compatibility issues]].

The judiciary of Scotland, except the [[Lord Lyon King of Arms]], are united under the leadership and authority of the [[Lord President of the Court of Session|Lord President and Lord Justice General]], who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the [[Courts Reform (Scotland) Act 2014]], to regulate [[Scots civil procedure|civil procedure]] through passing [[Primary and secondary legislation|subordinate legislation]] knows as [[Act of Sederunt|Acts of Sederunt]], and the High Court of Justiciary has the authority to regulate [[Scottish criminal law|criminal procedure]] through passing [[Act of Adjournal|Acts of Adjournal]]. Both Acts of Sederunt and Acts of Adjournal have the capacity to amend [[Primary and secondary legislation|primary legislation]] where it deals with civil or criminal procedure respectively.

The majority of criminal and civil justice in Scotland is handled by the local [[sheriff court]]s, which are arranged into six [[sheriffdom]]s led by a [[sheriff principal]]. The sheriff courts have [[exclusive jurisdiction]] over all civil cases with a monetary value up to £100,000, and are able to try criminal cases both on [[complaint]] for [[summary offence]]s, and [[Trial by jury in Scotland|with a jury]] for [[indictable offence]]s. [[Treason]], [[murder]], and [[rape]] are in the exclusive jurisdiction of the High Court of Justiciary, and whilst the High Court and sheriff courts have concurrent jurisdiction over [[armed robbery]], [[drug trafficking]], and [[Child sexual abuse|sexual offences involving children]] virtually all these cases are heard by the High Court.

Administration for the courts is provided by the [[Scottish Courts and Tribunals Service]], a [[non-ministerial department of the Scottish Government]]. The Scottish Courts and Tribunal Service is operationally independent of the [[Scottish ministers|Scottish Ministers]], and is governed by a corporate board chaired by the [[Lord President of the Court of Session|Lord President]], and with a majority of judicial members.

There are various specialist courts and tribunals with [[Subject-matter jurisdiction|specialist jurisdictions]], which are subject to the ultimate jurisdiction of either the Court of Session or High Court of Justiciary, including . Children under the age of 16 who face allegations of criminal conduct are dealt with through the [[Children's Hearings]], which are [[Quasi-judicial body|quasi-judicial]] in nature. Disputes involving [[Agriculture in Scotland|agricultural tenancies]] and [[crofting]] are dealt with by the [[Scottish Land Court]], and disputes about [[private rights]] in [[Title (property)|titles]] for land ownership and [[Real estate appraisal|land valuation]] are dealt with by the [[Lands Tribunal for Scotland]]. [[Scottish heraldry|Heraldry]] is regulated in Scotland both by the civil and criminal law, with [[Procurator fiscal|prosecutions]] taken before the [[Court of the Lord Lyon]].

Defunct and historical courts include the [[Admiralty Court]], [[Court of Exchequer (Scotland)|Court of Exchequer]], [[District court (Scotland)|district courts]], and the [[High Court of Constabulary]].

==Background==
[[Image:Scottish_Courts.svg|thumb|550px|alt=Chart showing hierarchy with Supreme Courts at the top|Schematic of court system for Scotland]]
The United Kingdom does not have a single judicial system — [[Courts of England and Wales|England and Wales]] have one system, Scotland another, and [[Courts of Northern Ireland|Northern Ireland]] a third. The [[Military courts of the United Kingdom|Military Courts of the United Kingdom]] have jurisdiction over all members of the [[British Armed Forces|armed forces of the United Kingdom]] and [[Civilian subject to service discipline|civilians subject to service discipline]] in relation to [[offences against military law in the United Kingdom|offences against military law]]. The [[Supreme Court of the United Kingdom]] operates across all three separate jurisdictions, hearing some civil - but not criminal - appeals in Scottish cases, and determining certain [[Devolution in Scotland|devolution]] and [[Human rights in Scotland|human rights]] issues.

== Supreme Court of the United Kingdom ==
The [[Supreme Court of the United Kingdom]] was created on 1 October 2009 by the [[Constitutional Reform Act 2005]]. The Supreme Court hears civil appeals from the Court of Session, and it hears appeals from all the civil and criminal courts of [[Courts of England and Wales|England and Wales]] and of [[Courts of Northern Ireland|Northern Ireland]]. The Supreme Court has no authority to hear appeals on criminal matters from the High Court of Justiciary. Until the creation of the Supreme Court, ultimate appeal lay to the [[Judicial functions of the House of Lords|House of Lords]], a chamber of the [[Parliament of the United Kingdom]] (though in modern practice only the [[Law Lords]] sitting in the Appellate Committee, rather than the whole House, heard appeals). The Supreme Court took over the [[judicial functions of the House of Lords]], and also assumed the jurisdiction over devolution and human rights issues vested in the [[Judicial Committee of the Privy Council]].<ref name="Enactment">{{Cite news|url=http://www.statutelaw.gov.uk/documents/2005/4/ukpga/c4/part3|title=Part 3, Constitutional Reform Act 2005|date=2005-03-24|volume=4|page=3|periodical=Acts of the Parliament of the United Kingdom|access-date=2009-09-02}}</ref><ref name="Commencement">{{UK SI|year=2009|number=1604|title=The Constitutional Reform Act 2005 (Commencement No. 11) Order 2009|made=2009-06-29|force=2009-10-01}}</ref>

Cases involving "devolution issues" arising under the [[Scotland Act 1998]], as amended by the [[Scotland Act 2016]], which includes disputes regarding the validity of Acts of the [[Scottish Parliament]] or executive functions of the [[Scottish Government]], are heard by the Supreme Court.  These cases may reach the Court as follows:

*The [[Court of Session]] may remit a case to the Supreme Court.
*The [[High Court of Justiciary]] can refer a [[Question of law|point of law]] to the Supreme Court.
*The [[Law Officers of the Crown]] (namely the [[Lord Advocate]], [[Attorney General for England and Wales]], and [[Advocate General for Scotland]]) may refer a [[Bill (law)|bill]] from the [[Scottish Parliament]] to the Supreme Court.
*Any court, if a Law Officer so desires, may refer a case to the Supreme Court.
*Law Officers may refer any issue not related to a bill or case to the Supreme Court.
*The [[Party (law)|parties]] to a case may appeal a case from the [[Inner House|Inner House of the Court of Session]].

==Civil courts==

=== Historical ===
The Court system in its modern form is based on the reforms<ref>See further ''Reforms to the Scottish Courts system'' under [[Brian Gill, Lord Gill|Lord Gill]]</ref> introduced by [[Brian Gill, Lord Gill|Lord Gill]] as Lord President, and implemented or further modified under the Lord Presidency of [[Colin Sutherland, Lord Carloway|Lord Carloway]]. The foundational legislation for the sheriff courts and many other changes is the [[Courts Reform (Scotland) Act 2014]].

===Court of Session===
[[File:Parliament Hall, Edinburgh.JPG|thumb|Parliament Hall inside [[Parliament House, Edinburgh]]]]
The [[Court of Session]] is the supreme civil court. It is both a [[court of first instance]] and a court of [[appeal]], and sits exclusively in [[Parliament House, Edinburgh|Parliament House]] in [[Edinburgh]]. The court of first instance is known as the [[Outer House]], the court of appeal the [[Inner House]]. It includes specialized [[Business courts|commercial court]] provisions: "The Court of Session has for many years had special provisions for dealing with commercial actions to enable specialist judges to handle commercial cases quickly and flexibly."<ref>{{Cite web |title=Commercial Actions |url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/commercial-actions |access-date=2024-04-29 |website=www.scotcourts.gov.uk}}</ref>

===Sheriff Appeal Court===
The Sheriff Appeal Court is a national court with a jurisdiction over civil appeals from the sheriff courts, and replaces appeals previously made to the [[Sheriff Principal|sheriffs principal]].<ref name="bto_sheriff_appeal">{{cite web|last1=Hastings|first1=Mark|title=An overview of the new Sheriff Appeal Court|url=http://www.bto.co.uk/blog/is-orange-the-new-black-when-it-comes-to-the-new-system-for-appeals-in-scotland.aspx|publisher=BTO Solicitors LLP|access-date=3 May 2017|language=en|date=30 October 2015}}</ref> 

The Sheriff Appeal Court is a national court with a jurisdiction over appeals in summary criminal proceedings, and bail decisions in [[solemn procedure]], from the [[sheriff court]]s and [[justice of the peace court]]s.<ref name="appealQandA" /> The Sheriff Appeal Court had its jurisdiction extended on 1 January 2016, when the provisions of the Court Reform (Scotland) Act 2014 to extend civil appeals to the Sheriff Appeal Court were [[Coming into force|brought into force]] by the [[Scottish Ministers]].<ref name="commencementcivil">{{cite legislation Scotland|type=ssi|year=2015|number=378|ssi=The Courts Reform (Scotland) Act 2014 (Commencement No. 5, Transitional and Saving Provisions) Order 2015}}</ref>

===Sheriff Personal Injury Court===
The [[Sheriff Personal Injury Court]] is a specialist all-Scotland court with [[Exclusive jurisdiction|exclusive competence]] to hear cases, with and without a [[jury trial|jury]], that relate to [[personal injury]]. The Personal Injury Court has [[concurrent jurisdiction]] with local [[sheriff court]]s, over [[Cause of action|claims]] relating to personal injury where the case is for a work-related accident claim in excess of {{currency|1,000|GBP}}, or where the total amount claimed is in excess of {{currency|5,000|GBP}}. The choice of local sheriff court or the Personal Injury Court is left to the [[plaintiff|pursuer]]. However, where a sheriff believes the case is so complex as to require the specialist expertise of the personal injury sheriffs they can remit the case to the Sheriff Personal Injury Court.<ref name="bto_personal_injury">{{cite web|last1=Stachura|first1=Karen|title=Scottish Court Reform – What insurers need to know|url=http://www.bto.co.uk/blog/scottish-court-reform-%E2%80%93-what-insurers-need-to-know.aspx|website=www.bto.co.uk|publisher=BTO Solicitors LLP|access-date=9 April 2017|date=25 June 2015}}</ref> In Scotland, all monetary claims for amounts not in excess of {{currency|100,000|GBP}} are in the [[exclusive jurisdiction]] of the [[sheriff court]]s, with the [[Court of Session]] having concurrent jurisdiction for amounts of more than {{currency|100,000|GBP}}.<ref name="injurysheriffs">{{cite web|title=Personal Injury Specialist Sheriffs Appointed {{!}} Media and Publications {{!}} Judiciary of Scotland|url=http://www.scotland-judiciary.org.uk/25/1470/Personal-Injury-Specialist-Sheriffs-Appointed|website=www.scotland-judiciary.org.uk|publisher=Judicial Office for Scotland|access-date=9 April 2017|date=22 September 2015|archive-date=17 April 2017|archive-url=https://web.archive.org/web/20170417235839/http://www.scotland-judiciary.org.uk/25/1470/Personal-Injury-Specialist-Sheriffs-Appointed|url-status=dead}}</ref>

The Personal Injury Court was established by the [[Courts Reform (Scotland) Act 2014]] and the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015.<ref>{{Cite legislation Scotland|act=Courts Reform (Scotland) Act 2014|type=act|year=2014|chapter=18}}</ref><ref name="2015order">{{cite legislation Scotland|type=ssi|year=2015|number=213|ssi=The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015}}</ref>

===Sheriff court===
The [[sheriff court]]s are the other civil courts; they sits locally. The Court of Session and sheriff courts have a [[Concurrent jurisdiction|co-extensive jurisdiction]] for all cases with a monetary value in excess of £100,000, with the choice of court being given in the first place to the ''[[pursuer]]'' (the [[plaintiff|claimant]]), the majority of difficult or high-value cases in Scotland are brought in the Court of Session. Any final decision of a sheriff may be appealed against. There is a right of appeal in civil cases to the [[Sheriff Appeal Court]], and, with permission, to the [[Inner House|Inner House of the Court of Session]].

==Criminal courts==

===High Court of Justiciary===
The [[High Court of Justiciary]] is the supreme criminal court.<ref>{{cite journal|last1=Keedy|first1=Edwin R.|title=Criminal Procedure in Scotland|journal=Journal of the American Institute of Criminal Law and Criminology|date=1 January 1913|volume=3|issue=5|pages=728–753|doi=10.2307/1132916|jstor=1132916|language=en|url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1193&context=jclc|access-date=4 July 2019|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200917/https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1193&context=jclc|url-status=live|url-access=subscription}}</ref> The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the [[Justiciary Building, Edinburgh|Justiciary Building]] in the [[Lawnmarket]] in Edinburgh and in the [[Justiciary Buildings, Glasgow|Justiciary Buildings]] in the [[Saltmarket]] in Glasgow, but also sits from time to time in various other places in Scotland. As a court of appeal, it sits only in Edinburgh.<ref>{{cite web|last1=McCallum|first1=Frazer|title=The Scottish Criminal Justice System:The Criminal Courts|url=http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-46_The_Scottish_Criminal_Justice_System-The_Criminal_Courts.pdf|website=parliament.scot|publisher=Scottish Parliament Information Centre|access-date=6 April 2017|date=1 June 2016|archive-date=7 April 2017|archive-url=https://web.archive.org/web/20170407055256/http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-46_The_Scottish_Criminal_Justice_System-The_Criminal_Courts.pdf|url-status=live}}</ref> 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 [[Senators of the College of Justice|judges]] sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.<ref>{{cite web|url=https://www.gov.scot/publications/statistical-bulletin-crime-justice-series-criminal-appeal-statistics-scotland-2008-09/pages/6/|title=Statistical Bulletin: Crime and Justice Series: Criminal Appeal Statistics, Scotland: 2008-09|publisher=Scottish Government|access-date=26 December 2022}}</ref>

There is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the [[Supreme Court of the United Kingdom]], the highest court. Appeals under the [[Human Rights Act 1998]] and devolution appeals under the [[Scotland Act 1998]] are heard by the Supreme Court of the United Kingdom (previously these were head by the [[Judicial Committee of the Privy Council]]).<ref>Sections 32, 33, 103, and Schedule 6; and [[Constitutional Reform Act 2005]], section 40 and Schedule 9</ref>

===Sheriff Appeal Court===
The Sheriff Appeal Court is a national court with jurisdiction over appeals from [[summary offence|summary criminal proceedings]] in the [[sheriff court]]s and [[justice of the peace court]]s, and from bail decision in [[solemn procedure]] at the sheriff court.

The Sheriff Appeal Court was established on 22 September 2015 to deal with appeals against [[conviction]] and [[sentence (law)|sentence]] in [[summary offence|summary proceedings]] before the deal with criminal appeals. The bench generally comprises three appeal sheriffs when considering appeals against conviction, and two appeal sheriffs when considering appeals against sentence. A single appeal sheriff hears appeals against [[bail]] decisions made by a sheriff or justices of the peace. The court is based at the courthouse at Lawnmarket, Edinburgh, and initially sat on two consecutive days each fortnight. Substantive criminal appeals are now heard on Tuesdays and appeals against sentence on Wednesdays.{{verify inline|reason=This sentence was previously cast in future tense, as though written before the changes came into effect|date=February 2024}}<ref name="appealQandA">{{cite web|title=Criminal Sheriff Appeal Court (SAC) – Questions and Answers|publisher=Scottish Courts and Tribunals Service|url=https://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court/sheriff-appeal-court-qa.pdf?sfvrsn=14|type=PDF|date=22 September 2015|access-date=17 April 2017}}</ref><ref name="criminalcommence">{{cite web|title=Sheriff Appeal Court - Criminal|url=https://www.scotcourts.gov.uk/the-courts/sheriff-appeal-court|publisher=Scottish Courts and Tribunal Service|access-date=15 April 2017|date=22 September 2015}}</ref>

===Sheriff courts===
[[Image:Sheriff Court, Kirkcaldy.jpg|thumb|right|160px|An example of a sheriff court, in [[Kirkcaldy]]]]

The [[sheriff court]]s are the main criminal courts; they sit locally in sheriff courts throughout Scotland organised in the six [[sheriffdom]]s. The procedure followed may either be [[solemn procedure]], where the Sheriff sits with a [[trial by jury in Scotland|jury of fifteen]]; or [[summary offence|summary procedure]], where the sheriff sits alone in a [[bench trial]]. From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment or a {{currency|10,000|GBP}} [[fine (penalty)|fine]], and in solemn cases 5 years imprisonment or an unlimited fine.<ref>Part III of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007</ref>

A higher sentence in solemn cases may be imposed upon remittance of the case to the [[High Court of Justiciary]].

===Justice of the peace courts===
[[Justice of the peace court]]s are criminal courts which sit locally under summary procedure, where the justice sits alone or in some areas as a bench of three.  Justices are lay magistrates who as advised by a legally qualified clerk, known as the legal adviser.  The court handles a variety of minor common law crimes such as breach of the peace, theft and assault, as well as statutory offences such as vandalism, road traffic offences and other public order offences.  The maximum penalty which can be imposed at this level is 60 days' imprisonment or a fine up to £2,500.

==Specialist courts==
Scotland has several courts with [[Subject-matter jurisdiction|specialist jurisdictions]].

===Children's hearings===
The specialist system of [[children's hearing]]s handles the majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland.  These tribunals have wide-ranging powers to issue supervision orders for the person referred to them by the [[Scottish Children's Reporter Administration]].  Serious crimes, at the direction of a [[procurator fiscal]], are still dealt with in the usual criminal courts.

===Court of the Lord Lyon===
The [[Court of the Lord Lyon]], the standing court of heraldry and genealogy, is responsible for civil and criminal enforcement of [[armorial bearings]] and the right to use certain titles.  It is headed by the [[Lord Lyon]], who is King of Arms and senior herald for Scotland.

=== Lands Valuation Appeal Court ===
The [[Lands Valuation Appeal Court]] is a [[Scottish civil court]], composed of three [[Court of Session]] judges, and established under section 7 of the [[Valuation of Lands (Scotland) Amendment Act 1879]].<ref>{{Cite legislation UK|year=1879|chapter=42|type=act|act=Valuation of Lands (Scotland) Amendment Act 1879}}</ref> It hears cases where the decision of a local [[Valuation Appeal Committee]] is disputed.<ref>{{cite web|url=http://www.gov.scot/Topics/Government/local-government/17999/11199/brief-guide/valuationappeal|title=Non-Domestic Rates - Valuation Appeals|date=10 February 2010|website=www.gov.scot|publisher=Scottish Government|language=en-gb|access-date=18 May 2017}}</ref> The [[Senator of the College of Justice|senators]] who make up the Lands Valuation Appeal Court were specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both [[Colin Sutherland, Lord Carloway|Lord Carloway]] ([[Lord President of the Court of Session|Lord President]]) and [[Leeona Dorrian, Lady Dorrian|Lady Dorrian]] ([[Lord Justice Clerk]]) as members with a further four senators specified.<ref>{{cite legislation Scotland|type=ssi |year=2013 |number=161 |ssi=Act of Sederunt (Lands Valuation Appeal Court) 2013}}</ref>

=== Scottish Land Court ===
The [[Scottish Land Court]] has jurisdiction over disputes involving agricultural tenancies and crofting rights.

===General Assembly of the Church of Scotland===
Under the terms of the [[Church of Scotland Act 1921]] the [[General Assembly of the Church of Scotland]] has sole jurisdiction over its own spiritual affairs, including matters of discipline.<ref>{{Cite legislation UK|act=Church of Scotland Act 1921|chapter=29|type=act|year=1921}}</ref>{{Additional citation needed|date=May 2017}}

== Scottish tribunals ==
There are several specialist tribunals in Scotland which often have [[exclusive jurisdiction]] over [[Subject-matter jurisdiction|cases relevant to their remit]]. They are subject to the oversight and ultimate authority of the [[Court of Session]], which can review decisions through either a final appeal or through [[judicial review]].<ref name=":0">{{cite web|url=http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-98_Civil_Justice_-_Civil_Courts_and_Tribunals.pdf|title=SPICe Briefing {{!}} Civil Justice - Civil Courts and Tribunals|last=Bremner|first=Abigail|date=7 December 2016|website=www.parliament.scot|publisher=Scottish Parliament Information Centre|access-date=20 May 2017}}</ref>
* [[Lands Tribunal for Scotland]]: title and land obligations
* [[Scottish Charity Appeals Panel]]
* [[Mental Health Tribunal for Scotland]]
* [[Pensions Appeal Tribunals for Scotland]]
* [[Scottish Solicitors' Discipline Tribunal]]

== United Kingdom tribunals ==
There are several tribunals that have jurisdiction either over the whole [[United Kingdom]], or over [[Great Britain]]. Where these tribunals make an [[adjudication]] in Scotland they are subject to the oversight and ultimate authority of the [[Court of Session]], which can review decisions either through a final appeal or through [[judicial review]].<ref name=":0" /><ref>{{Cite legislation UK|act=Tribunals, Courts and Enforcement Act 2007|chapter=15|type=act|year=2007}}</ref> When an Employment Tribunal makes a determination in Scotland it is subject to practice directions from the President of Employment Tribunals (Scotland), and operates under [[Scots law]].<ref>{{cite web|url=https://www.judiciary.gov.uk/publications/directions-for-employment-tribunals-scotland/|title=Directions and Guidance for Employment Tribunals (Scotland)|date=27 March 2015|website=www.judiciary.gov.uk|publisher=Courts and Tribunals Judiciary|language=en-GB|access-date=20 May 2017}}</ref> These tribunals are administered by [[His Majesty's Courts and Tribunals Service]].<ref>{{cite web|url=https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about|title=About us - HM Courts & Tribunals Service - GOV.UK|website=www.gov.uk|publisher=Her Majesty's Courts and Tribunals Service|language=en|access-date=20 May 2017}}</ref>

In many cases there is a statutory right of appeal from a tribunal either to an upper tribunal or senior tribunal, or to the Court of Session: for example Employment Tribunal cases are appealed to the [[Employment Appeal Tribunal]], which in turn allows appeals to the Court of Session. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal is an appeal to, or judicial review by, the Court of Session, which will often be more limited in scope than an appeal.

;Tribunals
*[[Copyright Tribunal]]
*[[Employment tribunal|Employment Tribunal]]
*[[Employment Appeal Tribunal]]
*[[First-tier Tribunal]]
*[[Investigatory Powers Tribunal]]
*[[Office of the Social Security Commissioners]]
*[[Special Immigration Appeals Commission]]
*[[Proscribed Organisations Appeal Commission]]
*[[Traffic Commissioner|Traffic Commissioners for Great Britain]]
*[[Upper Tribunal]]

==Historical courts and tribunals==
===Bill Chamber===
The [[Bill Chamber]] was formerly a court of Scotland, often considered as part of the [[Court of Session]] but in fact separate from it. It dealt with petitions for [[Bill of suspension|suspension]] ([[Appeal cases|appeal]]), [[Interdicts in Scots law|interdict]], [[sequestrations]] etc., and was the approximate equivalent to sittings ''[[in camera]]'' (in chambers) in [[American law|American]] or [[English law]].

The Bill Chamber was "under the same roof" as the Court of Session, but was a separate court or jurisdiction.<ref>{{cite book|title=Report of the Royal Commission on the Court of Session and the Office of Sheriff Principal with Summary of Evidence|publisher=Royal Commission on Court of Session and Office of Sheriff Principal}}</ref> Its history and function were discussed in the report of the [[Royal Commission on the Court of Session and the Office of Sheriff Principal]] (1927) which concluded "the usefulness of the Bill Chamber as a Court separate from the Court of Session no longer exists" and it was thus abolished by the [[Administration of Justice (Scotland) Act 1933]].

Some of its processes are now carried out by the [[Accountant in Bankruptcy]].{{citation needed|date=May 2017}}

===Court of Exchequer===
Until 1856, there was a [[Court of Exchequer (Scotland)|Court of Exchequer in Scotland]], which was established [[Exchequer Court (Scotland) Act 1707]], pursuant to a requirement of the [[Acts of Union 1707|Act of Union 1707]] which stated:
{{Blockquote|And that there be a Court of Exchequer in Scotland after the Union, for deciding Questions concerning the Revenues of Customs and Excises there, having the same power and authority in such cases, as the Court of Exchequer has in England And that the said Court of Exchequer in Scotland have power of passing Signatures, Gifts Tutories, and in other things as the Court of Exchequer in Scotland hath; And that the Court of Exchequer that now is in Scotland do remain, until a New Court of Exchequer be settled by the Parliament of Great Britain in Scotland after the Union;|Article 16|Act of Union 1707<ref name="actofunion">{{ws|[[s:Act of Union 1707|Act of Union 1707]] at Wikisource}}</ref>}}

The judges of the Court were the Barons of Exchequer who acted in both a judicial capacity, dealing with revenue cases, debts to the crown, seizure of smuggled goods and prosecutions for illicit brewing and distilling, and in an administrative capacity, mainly auditing accounts. The president of the Exchequer Court was known as the Chief Baron of Exchequer, and the initial president was the [[Lord High Treasurer]]. The 1707 Act limited the numbers of Barons to 5.<ref name="exchequer-records">{{cite web|author1=National Records of Scotland|title=Exchequer Records|url=https://www.nrscotland.gov.uk/research/guides/exchequer-records|website=www.nrscotland.gov.uk|publisher=National Records of Scotland|language=en|date=2013-05-31|access-date=22 April 2017|archive-date=9 April 2017|archive-url=https://web.archive.org/web/20170409111642/https://www.nrscotland.gov.uk/research/guides/exchequer-records|url-status=dead}}</ref><ref name="exchequer-act1707">{{cite legislation UK|type=act|year=1707|chapter=53| act= Exchequer Court (Scotland) Act, 1707}}</ref>

A separate Exchequer Court was abolished by the Exchequer Court (Scotland) Act 1856, and all of its powers were transferred to the Court of Session. With its abolishment no further Barons of Exchequer were appointed.<ref name="exchequer-abolish">"The whole power, authority, and jurisdiction at present belonging to the Court of Exchequer in Scotland, as at present constituted, shall be transferred to and vested in the Court of Session, and the Court of Session shall be also the Court of Exchequer in Scotland": {{cite legislation UK|type=act|year=1856|chapter=56|act=Exchequer Court (Scotland) Act 1856}}</ref>

===District courts===
[[District court (Scotland)|District court]]s are no longer in existence.  They were introduced in 1975 and sat in each local council area under summary procedure only. The [[Scottish Government]] merged the management of the sheriff and justice of the peace courts (formerly known as district courts), retaining lay justices. The [[Criminal Proceedings etc. (Reform) (Scotland) Act 2007]] enabled the [[Scottish Ministers]] to replace district courts by "justice of the peace courts".<ref>"The Scottish Ministers may by order establish courts of summary criminal jurisdiction to be known as justice of the peace courts." {{cite legislation Scotland|type=act|year=2007|chapter=6 | act=Criminal Proceedings etc. (Reform) (Scotland) Act 2007}}</ref> The process is concluded and all district courts are now abolished and replaced with the new justice of the peace courts throughout Scotland, which have strengthened powers to allow more cases to be dealt with at this level.{{citation needed|date=April 2017}}

===High Court of Constabulary===
The [[High Court of Constabulary]] was a court in Scotland presided over by the [[Lord High Constable of Scotland]] and deputes appointed by the Lord High Constable. Established in the late 13th century the court was empowered to judge all cases of [[riot]]ing, [[Public disorder|disorder]], [[Violence|bloodshed]], and [[murder]] if such crimes occurred within four miles of the [[King of Scots]], the [[Privy Council of Scotland|King's Council]], or the [[Parliament of Scotland]]. Following [[James I of England|James VI]]'s move to [[England]], the [[jurisdiction]] of the Lord High Constable was defined in terms of the "resident place" appointed for the Privy Council.<ref name="electricscotland">{{cite web|title=Historic Earls and Earldoms of Scotland - Chapter IV - Earldom and Earls of Erroll - Section II|url=http://www.electricscotland.com/webclans/earldoms/chapter4s2.htm|website=www.electricscotland.com|publisher=Electric Scotland|access-date=22 April 2017}}</ref><ref name="juridicalreview">{{cite journal|last1=Hannay|first1=R.K.|title=Observations on the Officers of the Scottish Parliament|journal=Juridical Review|date=1932|volume=44|issue=125|pages=125–138}}</ref>{{rp|128}}

===Jury Court===
In 1815, the [[Jury Trials (Scotland) Act 1815]] created the [[Jury Court]] to allow certain civil cases to be tried by jury. The Jury Court was subordinate to the [[Court of Session]], and appeals were heard by the [[Inner House|Inner House of the Court of Session]].<ref name="jury_court">{{cite web|url=http://www.nas.gov.uk/guides/otherSeries.asp |title=Court of Session – other series |publisher=[[National Archives of Scotland]]|access-date=2010-08-09}}</ref> In 1830 the Jury Court, along with the [[Admiralty Court|Admiralty]] and [[Commissary Court|Commissary]] Courts, was absorbed into the Court of Session following the enactment of the [[Court of Session Act 1830]].<ref name="Shand">{{cite book|last1=Shand|first1=Charles Farquhar|last2=Darling|first2=James Johnston|title=The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833|publisher=T. & T. Clark|location=Edinburgh|year=1848|chapter=Chapter I. Of the institution of the Court |chapter-url=https://books.google.com/books?id=g90DAAAAQAAJ&q=The%20practice%20of%20the%20Court%20of%20Session%3A%20on%20the%20basis%20of%20the%20late%20Mr.%20Darling's%20work%20of%201833&pg=PA1}}</ref>

==See also==
*[[Office of the Accountant of Court]]
*[[Judiciary of Scotland]]
*[[High Court of Justiciary]]

==References==
{{Reflist|30em}}

==External links==
*[http://www.scotcourts.gov.uk Scottish Courts & Tribunals Service]
*[http://www.scotland.gov.uk Scottish Government]
*[http://www.advocates.org.uk Faculty of Advocates]
*[http://www.lawscot.org.uk Law Society of Scotland]
*[https://web.archive.org/web/20041205124938/http://www.jonathanmitchell.info/jurisdiction.html Jurisdiction of Scottish courts]
*[http://www.slab.org.uk Scottish Legal Aid Board]
*[https://www.eojas.in/2021/03/gujarat-high-court-recruitment-2021.html Judicial Appointments Board]{{Dead link|date=July 2020 |bot=InternetArchiveBot |fix-attempted=yes }}
*[https://web.archive.org/web/20070927092640/http://www.judicialappointmentsscotland.gov.uk/judicial/files/Office_Sheriff.pdf Judicial Appointments Board description of post of Sheriff]
*[http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/org_justice_sco_en.pdf Organisation of justice in Scotland] (pdf)

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{{Scotland topics}}

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[[Category:Courts of Scotland| ]]
[[Category:Judiciary of Scotland]]