View source for Sheriff principal

{{Short description|Scottish judge}}
{{Use British English|date=November 2022}}
{{Use dmy dates|date=November 2019}}
{{CourtsScotland}}
In [[Scotland]] a '''sheriff principal''' (''pl''. sheriffs principal) ({{langx|gd|àrd-siorram}}) is a [[judge]] in charge of a [[sheriffdom]] with [[Judiciary|judicial]], [[Quasi-judicial body|quasi-judicial]], and administrative responsibilities. Sheriffs principal have been part of the [[judiciary of Scotland]] since the 11th century. Sheriffs principal were originally appointed by the [[monarch of Scotland]], and evolved into a heritable jurisdiction before appointment was again vested in [[the Crown]] and the [[Monarchy of the United Kingdom|monarch of the United Kingdom]] following the passage of the [[Heritable Jurisdictions (Scotland) Act 1746]].

Under the [[Sheriff Courts (Scotland) Act 1971]] (as amended), each sheriff principal is appointed by the monarch of the United Kingdom on the advice of the [[First Minister of Scotland]], who is advised by the [[Judicial Appointments Board for Scotland]].<ref>{{Cite web |title=Sheriff Courts (Scotland) Act 1971 |url=https://www.legislation.gov.uk/ukpga/1971/58/contents |access-date=2023-10-19}}</ref> As of May 2017 there were six sheriffs principal, each of whom has responsibility not only as a judge, but for the [[administration of justice]] in their respective sheriffdoms. Sheriffs principal have to ensure the effective running of the [[sheriff court]]s and [[justice of the peace court]]s within their jurisdiction. Following the passage of both the [[Courts Reform (Scotland) Act 2014]] and the [[Judiciary and Courts (Scotland) Act 2008]], sheriffs principal are subject to the authority and direction of the [[Lord President of the Court of Session]] as [[Judiciary of Scotland|Head of the Judiciary of Scotland]].

Sheriffs principal hold additional judicial offices, including the Sheriff Principal of [[Lothian and Borders]] who is [[Sheriff in Chancery]], and President of the [[Sheriff Personal Injury Court]]. All of the sheriffs principal are Appeal Sheriffs and [[Ex officio member|''ex officio'' members]] of the [[Sheriff Appeal Court]].

Outside their judicial office, each sheriff principal holds several other offices ''[[ex officio]]'', including  [[Northern Lighthouse Board|Commissioner of Northern Lighthouses]] and ''General Commissioner of Income Tax'', with each sheriff principal having a ceremonial role in their respective [[sheriffdom]] that means they outrank all but [[British royal family|members of the royal family]] and the [[Lord Lieutenant]].

The history of the sheriffs principal in Scotland is much confused because over time different names were used to refer to  [[sheriff]]s. Sheriffs principal are those sheriffs who have held office over a [[sheriffdom]], whether through inheritance or through direct appointment by [[the Crown]]. Thus, [[hereditary sheriff]] (before 1746) and [[sheriff-depute]] (after 1746) are the precursors to the modern office of sheriff principal. The precursor to the modern office of [[sheriff]] was historically referred to as [[Sheriff-substitute|sheriff substitute]].

==History==
=== Origins ===
[[David I of Scotland|David I]], [[List of Scottish monarchs|King of Scots]] from 1124 to 1153, appointed sheriffs as administrators and judges throughout Scotland. Such officers eventually became hereditary with a ''sheriff-depute'' appointed to undertake the actual judicial work of the office. It is from these sheriffs that the modern day office of sheriffs principal derives, with a final settlement on the name by the [[Sheriff Courts (Scotland) Act 1971]]. The modern day office of sheriff derives from the sheriffs-substitute that were appointed by the sheriffs-depute (now sheriffs principal.)<ref>{{Cite journal|last=de Funiak|first=William Q.|date=1964|title=The Legal System of Scotland|url=http://heinonline.org/HOL/Page?handle=hein.journals/tulr38&div=14&g_sent=1&collection=journals|journal=Tulane Law Review|publisher=Tulane University|volume=XXXVIII|pages=91–102}}</ref><ref name="ReferenceA">{{Cite legislation UK|act=Sheriff Courts (Scotland) Act 1971|chapter=58|type=act|year=1971}}</ref>

=== 16th century ===
In 1540 an [[List of acts of the Parliament of Scotland|Act of the Parliament of Scotland]]{{which|date=November 2024}} mandated that sheriffs principal (along with [[bailie]]s and [[Steward (office)|stewards]]) should "hold all their three head courts by themselves in proper person, unless they have a just and lawful excuse".<ref>{{Cite journal|date=13 December 1540|title=That the sheriffs and other officers be personally present at the three head courts|url=https://www.rps.ac.uk/trans/1540/12/13|journal=Records of the Parliaments of Scotland|language=en|publisher=University of St Andrews|volume=1540|issue=71}}</ref> However, in the 16th century it appears that sheriffs-depute held office entirely at the will of the sheriffs principal, and undertook the vast majority of judicial work.<ref>{{Cite book|title=The Origins and Development of the Jury in Scotland|last=Willock|first=Ian Douglas|publisher=Stair Society|year=1966|location=Edinburgh|pages=95–98|chapter=Chapter V - Sheriff Courts}}</ref>

=== 17th century ===
In the 17th century, under the reign of [[Charles II of England|Charles II]], the number of heritable sheriffs principal increased in recognition of his [[Restoration (Scotland)|restoration]] to the throne. By 1700, 21 of the 33 sheriffs principal were hereditary.<ref>{{Cite web|url=https://www.nrscotland.gov.uk/research/guides/sheriff-court-records|title=Sheriff Court Records|website=www.nrscotland.gov.uk|publisher=National Records of Scotland|language=en|access-date=10 May 2017|archive-date=15 June 2021|archive-url=https://web.archive.org/web/20210615191440/https://nrscotland.gov.uk/research/guides/sheriff-court-records|url-status=dead}}</ref>

=== 18th century ===
In the 18th century, the office of hereditary sheriff principal was abolished by the [[Heritable Jurisdictions (Scotland) Act 1746]],<ref name="heritable">{{cite web|url=http://www.oxfordreference.com/view/10.1093/oi/authority.20110803095932563|title=Heritable jurisdictions - Oxford Reference|date=2009|website=Oxford Reference|publisher=Oxford University Press|language=en|access-date=1 April 2017}}</ref><ref name="act_1746_43">{{Cite journal|date=1746|title=Heritable Jurisdictions (Scotland) Act 1746|url=https://www.legislation.gov.uk/apgb/Geo2/20/43/contents|journal=Acts of the Parliament of Great Britain|volume=20 Geo. II|issue=c. 43|access-date=8 May 2017}}</ref> with the sheriffs-depute assuming the role and office of sheriff principal.

=== 19th century ===
Until about the middle of the 19th century there were 30 sheriffs principal. Of those sheriffs principal two ([[Glasgow]] and [[Edinburgh]]) were effectively full-time appointments while the remainder were part-time appointments filled by senior [[advocates]], who are members of the [[Faculty of Advocates]].  Over the years there was a gradual amalgamation of [[sheriffdoms]], with a consequential diminution in the number of sheriffs principal.{{Citation needed|date=May 2017}}

=== 20th century ===
In the 20th century the sheriff principal had [[appellate jurisdiction]] over summary causes in [[Civil law (common law)|civil cases]], with only cases that went to a full [[Hearing (law)|proof]] (hearing) having a right of appeal to both the sheriff principal and the Court of Session.<ref>{{Cite journal|last=Beckman|first=Gail McKnightr|date=January 1972|title=The Availability of Legal Services to Poor People and People of Limited Means in Foreign Systems|url=http://heinonline.org/HOL/Page?handle=hein.journals/intlyr6&collection=journals&startid=&endid=178&id=172|journal=International Lawyer|publisher=[[American Bar Association]]|volume=6|issue=1|pages=162–168}}</ref>

In 1971, the [[Sheriff Courts (Scotland) Act 1971]] confirmed the naming of sheriffs principal (affirming that the office of sheriff depute should be known as sheriff principal), and that [[Sheriff-substitute|sheriffs-substitute]] should be known as [[sheriff]], stating:<ref name="ReferenceA"/>

{{boxquote|text='''4 Offices of sheriff principal and sheriff'''{{br}}(1) The office of sheriff (that is to say, the office known formerly as the office of '''sheriff depute''', but known immediately before the commencement of this Act as the office of sheriff) shall be known as the office of '''sheriff principal''', the office of '''sheriff substitute''' shall be known as the office of '''sheriff''', and the office of honorary sheriff substitute shall be known as the office of honorary sheriff.|sign=Section 4|source=Sheriff Courts (Scotland) Act 1971}}

The number of sheriffdoms was reduced to six in 1975 by the Sheriffdoms Reorganisation Order 1974, with all the prior sheriffdoms abolished and replaced by the following sheriffdoms:
* Grampian, Highlands and Islands;
* Tayside, Central and Fife;
* Lothian and Borders;
* Glasgow and Strathkelvin;
* North Strathclyde;
* South Strathclyde, Dumfries and Galloway;
with each sheriffdom presided over by a single sheriff principal.<ref>{{UK SI|year=1974|number=2087|force=1 January 1975|title=The Sheriffdoms Reorganisation Order 1974}}</ref>

The sheriffdom boundaries were amended and the sheriffdoms redescribed by the Sheriffdoms (Alteration of Boundaries) Order 1996, which replaced the 1974 order. The only change to the boundaries was to move an area around [[Chryston]] from the sheriffdom of Glasgow and Strathkelvin to the sheriffdom of South Strathclyde, Dumfries and Galloway.<ref>{{UK SI|year=1996|number=1006|force=1 April 1996|title=The Sheriffdoms (Alteration of Boundaries) Order 1996}}</ref>

==Remit and jurisdiction==
===General duties===
The work of a sheriff principal is partly judicial and partly administrative, consisting broadly of the following:<ref name="sheriffprincipal2014">{{cite web|title=The office of sheriff principal in Scotland|url=http://www.judicialappointmentsscotland.gov.uk/judicial/files/Office_Sheriff_Principal.pdf|publisher=[[Judicial Appointments Board for Scotland]]|access-date=19 April 2017|archive-date=11 August 2014|archive-url=https://web.archive.org/web/20140811163814/http://www.judicialappointmentsscotland.gov.uk/judicial/files/Office_Sheriff_Principal.pdf}}</ref>
*conventional judicial duties in the [[Sheriff Court|Sheriff courts]];
*[[judicial]] and [[Quasi-judicial body|quasi-judicial]] work arising under various statutes;
*administrative functions in relation to the courts within a sheriff principal's sheriffdom;
*powers of appointment;
*miscellaneous advisory and consultative functions;
*ceremonial functions.

===Judicial===
A sheriff principal sometimes sits in criminal courts or conducts major [[fatal accident inquiry|fatal accident inquiries]]. Following the [[Bill (law)|passage]] and [[Coming into force|commencement]] of the [[Courts Reform (Scotland) Act 2014]] by the [[Scottish Parliament]] sheriffs principal have sat ''[[ex officio member|ex officio]]'' as appeal sheriffs in the [[Sheriff Appeal Court]] with jurisdiction over both [[Civil law (common law)|civil]] and [[Criminal law|criminal]] [[appeal]]s.<ref name="act2014">{{Cite legislation Scotland|type=act|year=2014|chapter=18|act=Courts Reform (Scotland) Act 2014}}</ref><ref name="appealsheriffs">{{cite web|url=http://www.bto.co.uk/blog/is-orange-the-new-black-when-it-comes-to-the-new-system-for-appeals-in-scotland.aspx|title=An overview of the new Sheriff Appeal Court|date=30 October 2015|website=www.bto.co.uk|publisher=BTO Solicitors LLP|language=en|last1=Agency|first1=The Zen|access-date=3 April 2017}}</ref><ref name="criminaljustice">{{cite web|url=http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-46_The_Scottish_Criminal_Justice_System-The_Criminal_Courts.pdf|title=The Scottish Criminal Justice System:The Criminal Courts|date=1 June 2016|website=parliament.scot|publisher=Scottish Parliament Information Centre|last1=McCallum|first1=Frazer|access-date=6 April 2017|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=dead}}</ref>

In terms of the [[Sheriff Courts (Scotland) Act 1971]], as reaffirmed by the Courts Reform (Scotland) Act 2014, sheriffs principal are charged with a number of duties in respect of the courts for which they are responsible, including in particular a duty “to secure the speedy and efficient disposal of business in the sheriff courts of that sheriffdom”.

===Administrative===
In terms of the [[Merchant Shipping Act 1995]] all of the sheriffs principal are Commissioners of Northern Lighthouses and serve on the [[Northern Lighthouse Board]].<ref>[https://www.legislation.gov.uk/ukpga/1995/21/schedule/8 Merchant Shipping Act 1998, Schedule 8, paragraph 1(2)(c).]</ref>

The Sheriff Principal of [[Lothian and Borders]] is ''Sheriff of Chancery'' (disposes of petitions for rights of [[Inheritance|succession]] to land and [[intestate]] estates; see [[Chancery (Scotland)]]).<ref name="sheriffprincipal2014" />{{rp|7}}

A sheriff principal might serve as member of the [[Scottish Civil Justice Council]], the Advisory Council on Messengers-at-Arms and Sheriff Officers, the [[Criminal Justice Forum]], the [[Security Service Tribunal]], the [[Intelligence Services Tribunal]], and various other bodies.

==Current sheriffs principal==
{| class="wikitable" style="text-align: left;"
|+ Sheriffs principal and their sheriffdoms<ref name="sheriffsprincipal">{{cite web|title=Sheriffs Principal - Judicial Office Holders - About the Judiciary - Judiciary of Scotland|url=http://www.scotland-judiciary.org.uk/35/0/Sheriffs-Principal/|website=www.scotland-judiciary.org.uk|publisher=Judicial Office for Scotland|access-date=2 April 2017|date=2017|archive-date=3 April 2017|archive-url=https://web.archive.org/web/20170403111237/http://www.scotland-judiciary.org.uk/35/0/Sheriffs-Principal/|url-status=dead}}</ref>
|-
! Sheriffdom
! Sheriff principal
! Main court
|- style="height: 50px;"
| style="width: 200px;" | [[Sheriff Principal of Glasgow and Strathkelvin|Glasgow and Strathkelvin]]
| style="width: 200px;" | Sheriff Principal Aisha Y. Anwar
| style="width: 150px;" | [[Glasgow Sheriff Court]]
|- style="height: 50px;"
| [[Sheriff Principal of Grampian, Highland and Islands|Grampian, Highland and Islands]]
| Sheriff Principal Derek Pyle
| [[Inverness Sheriff Court]]
|- style="height: 50px;"
| [[Sheriff Principal of Lothian and Borders|Lothian and Borders]]
| Sheriff Principal Nigel Ross
| [[Edinburgh Sheriff Court]]
|- style="height: 50px;"
| [[Sheriff Principal of North Strathclyde|North Strathclyde]]
| Sheriff Principal Sean Murphy
| [[Paisley Sheriff Court]]
|- style="height: 50px;"
| [[Sheriff Principal of South Strathclyde, Dumfries and Galloway|South Strathclyde, Dumfries and Galloway]]
| Sheriff Principal Kate Dowdalls
| [[Hamilton Sheriff Court]]
|- style="height: 50px;"
| [[Sheriff Principal of Tayside, Central and Fife|Tayside, Central and Fife]]
| Sheriff Principal Gillian Wade<ref name="SPGillianWadeKC">{{cite web|title=New Sheriff Principal for Tayside, Central and Fife|url=https://www.judiciary.scot/home/media-information/media-hub-news/2023/08/04/new-sheriff-principal-for-tayside-central-and-fife|website=www.scotland-judiciary.org.uk|publisher=Judicial Office for Scotland|access-date=7 August 2023|date=2023}}</ref>
| [[Perth Sheriff Court]]
|}

==Order of precedence==
By virtue of an [[Order of precedence in Scotland|Order of Precedence]] established by King [[Edward VII of the United Kingdom|Edward VII]] a sheriff principal, in his or her own sheriffdom, ranks in precedence immediately after the royal family. For that reason sheriffs principal are from time to time expected, and are occasionally commanded, to be present at royal and other ceremonial functions within their sheriffdoms.

{{start box}}
{{s-prec|sc}}
{{succession box | title=[[Order of precedence in Scotland]]<br>(gentlemen)| before=[[Lord Lieutenant|Lords Lieutenant]]<br/><small>(see [[Order of precedence in Scotland#Local precedence|list here]])</small>| after=[[Brandon Lewis]]<br>as [[Lord Chancellor]]| years=}}
{{end box}}

== See also ==
*[[Sheriff court]]
*[[Courts of Scotland]]
*[[Scots law]]
*[[Sheriff#Scotland|Sheriff]]
*[[Sheriff-substitute]]
*[[Senator of the College of Justice]]

==External links==
*[https://www.scotcourts.gov.uk Scottish Court Service]
*[https://www.advocates.org.uk Faculty of Advocates]
*[https://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.judicialappointmentsscotland.gov.uk/ Judicial Appointments Board]

==Bibliography==
*Stair Memorial Encyclopaedia of the Laws of Scotland

==References==
{{Reflist}}

{{CourtsScotland2}}
{{CriminalJusticeScotland}}
{{Scotland topics}}

[[Category:Judiciary of Scotland]]
[[Category:11th-century establishments in Scotland]]
[[Category:11th century in law]]
[[Category:Sheriff courts]]