College of Justice
The College of Justice includes the Supreme Courts of Scotland, its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, the Auditor of the Court of Session, its associated bodies are the Faculty of Advocates, the Society of Writers to Her Majesty's Signet and the Society of Solicitors in the Supreme Courts of Scotland. The College is headed by the Lord President of the Court of Session, who holds the title of Lord Justice General in relation to the High Court of Justiciary, judges of the Court of Session and High Court are titled Senators of the College of Justice; the College was founded in 1532 by King James V following a bull issued by Pope Clement VII on 15 September 1531. It provided for 10,000 gold ducats to be contributed by the Scottish bishoprics and monastic institutions for the maintenance of its members, one half of whom would be members of the "ecclesiastical dignity".
The Parliament of Scotland passed an Act on 17 May 1532 authorising the creation of the college with 14 members, half spiritual, half temporal, plus a president and the Lord Chancellor. The college convened for the first time on 27 May 1532, in the royal presence. Supplementing the 14 ordinary lords, who were called Senators, were an indefinite number of supernumerary judges called extraordinary lords; the founding members of the College of Justice were: The Lord Chancellor, Gavin Dunbar, Archbishop of Glasgow The Lord President, Alexander Myln, Abbot of Cambuskenneth Richard Bothwell, Rector of Ashkirk John Dingwell, Provost of Trinity College Henry White, Rector of Finevin William Gibson, Dean of Restalrig Thomas Hay, Dean of Dunbar Robert Reid, Abbot of Kinloss George Ker, Provost of Dunglass Sir William Scott of Balweary Sir John Campbell of Lundy Sir James Colville of Easter Wemyss Sir Adam Otterburn of Auldhame and Redhall, King's Advocate Nicholas Crawford of Oxengangs Francis Bothwell of Edinburgh James Lawson of Edinburgh Sir James Foulis of Colinton, added at the first meeting of the court when the king made him a "Lord of the Session".
The College at its foundation dealt with underdeveloped civil law. It did not dispense justice in criminal matters as, an area of the law reserved to the King's justice, through the justiciars, the Barony Courts and the Commission of Justiciary; the High Court of Justiciary was only incorporated into the College of Justice in 1672. There was little legal literature. Acts of the Parliament of Scotland and the books of the Old Law as well as Roman Law and Canon law texts were about all to which the pursuer and defender could refer, it was only after the establishment of the court that this situation improved, with judges noting their decisions in books of practicks. The Treaty of Union 1707 with England preserved the Scottish Legal System. Article XIX provided "that the Court of Session or College of Justice do after the Union and notwithstanding thereof remain in all time coming within Scotland, that the Court of Justiciary do after the Union... remain in all time coming." Senator of the College of Justice Historic List of Senators of the College of Justice Extraordinary Lord of Session Principal Clerk of Session and Justiciary Supreme Courts at the National Archives of Scotland
Judiciary of Scotland
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, barring them from influencing the judges through any form of special access; the Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice As of May 2016, the Lord President was Lord Carloway, appointed in December 2015 having served as Lord Justice Clerk. The Lord President is supported by the Judicial Office for Scotland, established on 1 April 2010 as a result of the Judiciary and Courts Act 2008, the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service.
The second most senior judge is the Lord Justice Clerk, the other judges are called of the College of Justice are called Senators. When sitting in the Court of Session Senators are known as Lords of Council and Session and when sitting in the High Court of Justiciary they are known as Lords Commissioners of Justiciary. There are some temporary judges who carry out the same work on a part-time basis. Scotland's sheriffs deal with most criminal cases. There are each administered by a sheriff principal. Sheriffs principal and sheriffs are qualified, serve as either advocates or solicitors, though many are Queen's Counsel. Summary sheriffs deal with cases under summary procedure, some advocates and solicitors serve as part-time sheriffs. In 2014, Justice of the Peace courts replaced the previous district courts. In Justice of the Peace courts, lay justices of the peace work with a qualified clerk of court who gives advice on law and procedure. Justices of the peace handle minor criminal matters; the head of the judiciary in Scotland is the Lord President of the Court of Session whose office dates back to 1532 with the creation of the College of Justice.
Scotland's judiciary was a mixture of feudal and national judicial offices. The first national, justices were the justiciars established in the 12th century; the justiciars and their deputes would go on circuit to hear the most serious of cases that could not be heard by the local feudal or sheriff courts, in a comparable manner to Assizes in England. In the Middle Ages, many Scots were subject to the local feudal lords, with only treason reserved to the royal courts; these feudal jurisdictions, called heritable jurisdictions, were abolished in 1747 by the Heritable Jurisdictions Act 1746. The sheriff courts developed in the Middle Ages as royal courts to challenge the authority of the local feudal courts, though the office of sheriff became itself a heritable jurisdiction with a qualified sheriff-depute the effective judge; the jurisdiction of the sheriffs was re-organised into twelve sheriffdoms following the passage of the Sheriff Courts Act 1870 The number of sheriffdoms was reduced to six in 1975, with only minor changes to the territorial extent of each sheriffdom since then.
Locally administered courts continued until the replacement of the district courts by justice of the peace courts in 2008, now all Scottish courts are administered centrally, with all judges, except the Lord Lyon and the justices of the peace, appointed on the recommendation of the Judicial Appointments Board for Scotland. Due to the volume of business, some qualified stipendiary magistrates sat in Glasgow, when following the Court Reform Act 2014 the office of stipendiary magistrate was abolished, several stipendiary magistrates became summary sheriffs. Today, the Scottish judiciary are divided into the Senior Judges, the Senators of the College of Justice, the Chairman of the Scottish Land Court, the Lord Lyon, the Sheriffs Principal, the Appeal Sheriffs, Part-time Sheriffs, Summary Sheriffs, Part-Time Summary Sheriffs, Justices of the Peace, Tribunal Judges; the Lord President of the Court of Session is the head of the country's judiciary and the presiding judge of the College of Justice The current Lord President is Lord Carloway, appointed in December 2015 having served as Lord Justice Clerk When presiding over criminal cases in the High Court of Justiciary the Lord President is known as the Lord Justice-General, an office that can be traced back to the ancient justiciars.
In 1830, the Court of Session Act 1830 united the offices of Lord President of the Court of Session and Lord Justice General, with the person appointed as Lord President assuming the office of Lord Justice General ex officio. The Lord President presides over the 1st Division of the Inner House of the Court of Session, will hear appeals that raise significant or important points of law; the Lord President was made head of a unified judiciary as a result of the passage of the Judiciary and Courts Act 2008 by the Scottish Parliament. In his role as Head of the Judicciary he is supported by the Judicial Office for Scotland, the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service; the Judicial Office is administered by an Executive Director of the Scottish Courts and Tribunals Service. The Lord President, the wider judiciary, is advised on matters relating to the administration
An advocate is a professional or non-professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings; the broad equivalent in many English law-based jurisdictions could be a solicitor. However, in Scottish, South African, French, Portuguese, Polish, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification."Advocate" is in some languages an honorific for lawyers, such as "Adv. Sir Alberico Gentili". "Advocate" has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician. In England and Wales and proctors practised civil law in the Admiralty Courts and but in England only, in the ecclesiastical courts of the Church of England, in a similar way to barristers and attorneys in the common law and equity courts. Advocates, who formed the senior branch of the legal profession in their field, were Doctors of Law of the Oxford, Cambridge, or Dublin and Fellows of the Society of Doctors' Commons.
Advocates lost their exclusive rights of audience in probate and divorce cases when the Crown took these matters over from the church in 1857, in Admiralty cases in 1859. The Society of Advocates was never formally wound up, but its building was sold off in 1865 and the last advocate died in 1912. Barristers were admitted to the Court of Arches of the Church of England in 1867. More Solicitor Advocates have been allowed to play this role. Advocates are the only lawyers with rights of audience in the courts of the Isle of Man. An advocate's role is to give advice on all matters of law: it may involve representing a client in the civil and criminal courts or advising a client on matters such as matrimonial and family law and estates, regulatory matters, property transactions and commercial and business law. In court, advocates wear a horsehair wig, stiff collar, bands and a gown in the same way as barristers do elsewhere. To become an advocate, it is necessary to hold either a qualifying law degree with no less than lower second class honours, or else a degree in another subject with no less than lower second class honours complemented by the Common Professional Examination.
It is necessary to obtain a legal professional qualification such as the Bar Professional Training Course or the Legal Practice Course. It is not, necessary to be admitted as an English barrister or solicitor to train as an advocate. Trainee advocates undertake a period of two years’ training articled to a senior advocate. Foreign lawyers who have been registered as legal practitioners in the Isle of Man for a certain period of time may undertake a shorter period of training and supervision. During their training, all trainee advocates are required to pass the Isle of Man bar examinations, which include papers on civil and criminal practice and land law, company law and taxation, as well as accounts; the examinations are rigorous and candidates are limited to three attempts to pass each paper. Senior English barristers are licensed to appear as advocates in cases expected to be unusually long or complex, without having to pass the bar examination or undertake further training: they are permitted only to act in relation to the matter for which they have been licensed.
Barristers and solicitors employed as public prosecutors may be licensed to appear as advocates without having to pass the bar examination or undertake further training: they are permitted only to act as such only for the duration of that employment. The professional conduct of advocates is regulated by the Isle of Man Law Society, which maintains a library for its members in Douglas. While advocates in the Isle of Man have not traditionally prefixed their names with'Advocate' in the Channel Islands manner, some advocates have now started to adopt this practice. Advocates are regulated by the Faculty of Advocates in Edinburgh; the Faculty of Advocates has about 750 members. About 75 are Queen's Counsel; the Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean, Clerk are elected annually by secret ballot. The Faculty has a service company, Faculty Services Ltd, to which all advocates belong, that organises the stables and fee collection; this gives a guarantee to all newly called advocates of a place.
Until the end of 2007 there was an agreement with the Law Society of Scotland, the professional body for Scottish solicitors, as to the payment of fees, but this has now been replaced by the Law Society. It remains the case that advocates are not permitted to sue for their fees, as they have no contractual relationship with their instructing solicitor or with the client, their fees are honoraria. Advocates wear wigs, white bow-ties and gowns as dress in court; the process of becoming an advocate is referred to as devilling. All Intrants will be Scottish solicitors, i.e. hold a Bachelor of Laws degree and the Diploma in Legal Practice, must have completed the traineeship of two years required to qualify as a solicitor. At the end of the devilling period, a devil's admission to the Faculty is dependent on certification by the principal devilmaster that the devil is a fit and proper person to be a
Scotland is a country, part of the United Kingdom. Sharing a border with England to the southeast, Scotland is otherwise surrounded by the Atlantic Ocean to the north and west, by the North Sea to the northeast and by the Irish Sea to the south. In addition to the mainland, situated on the northern third of the island of Great Britain, Scotland has over 790 islands, including the Northern Isles and the Hebrides; the Kingdom of Scotland emerged as an independent sovereign state in the Early Middle Ages and continued to exist until 1707. By inheritance in 1603, James VI, King of Scots, became King of England and King of Ireland, thus forming a personal union of the three kingdoms. Scotland subsequently entered into a political union with the Kingdom of England on 1 May 1707 to create the new Kingdom of Great Britain; the union created a new Parliament of Great Britain, which succeeded both the Parliament of Scotland and the Parliament of England. In 1801, the Kingdom of Great Britain and Kingdom of Ireland enacted a political union to create a United Kingdom.
The majority of Ireland subsequently seceded from the UK in 1922. Within Scotland, the monarchy of the United Kingdom has continued to use a variety of styles and other royal symbols of statehood specific to the pre-union Kingdom of Scotland; the legal system within Scotland has remained separate from those of England and Wales and Northern Ireland. The continued existence of legal, educational and other institutions distinct from those in the remainder of the UK have all contributed to the continuation of Scottish culture and national identity since the 1707 union with England; the Scottish Parliament, a unicameral legislature comprising 129 members, was established in 1999 and has authority over those areas of domestic policy which have been devolved by the United Kingdom Parliament. The head of the Scottish Government, the executive of the devolved legislature, is the First Minister of Scotland. Scotland is represented in the UK House of Commons by 59 MPs and in the European Parliament by 6 MEPs.
Scotland is a member of the British–Irish Council, sends five members of the Scottish Parliament to the British–Irish Parliamentary Assembly. Scotland is divided into councils. Glasgow City is the largest subdivision in Scotland in terms of population, with Highland being the largest in terms of area. "Scotland" comes from the Latin name for the Gaels. From the ninth century, the meaning of Scotia shifted to designate Gaelic Scotland and by the eleventh century the name was being used to refer to the core territory of the Kingdom of Alba in what is now east-central Scotland; the use of the words Scots and Scotland to encompass most of what is now Scotland became common in the Late Middle Ages, as the Kingdom of Alba expanded and came to encompass various peoples of diverse origins. Repeated glaciations, which covered the entire land mass of modern Scotland, destroyed any traces of human habitation that may have existed before the Mesolithic period, it is believed the first post-glacial groups of hunter-gatherers arrived in Scotland around 12,800 years ago, as the ice sheet retreated after the last glaciation.
At the time, Scotland was covered in forests, had more bog-land, the main form of transport was by water. These settlers began building the first known permanent houses on Scottish soil around 9,500 years ago, the first villages around 6,000 years ago; the well-preserved village of Skara Brae on the mainland of Orkney dates from this period. Neolithic habitation and ritual sites are common and well preserved in the Northern Isles and Western Isles, where a lack of trees led to most structures being built of local stone. Evidence of sophisticated pre-Christian belief systems is demonstrated by sites such as the Callanish Stones on Lewis and the Maes Howe on Orkney, which were built in the third millennium BCE; the first written reference to Scotland was in 320 BC by Greek sailor Pytheas, who called the northern tip of Britain "Orcas", the source of the name of the Orkney islands. During the first millennium BCE, the society changed to a chiefdom model, as consolidation of settlement led to the concentration of wealth and underground stores of surplus food.
The first Roman incursion into Scotland occurred in 79 AD. After the Roman victory, Roman forts were set along the Gask Ridge close to the Highland line, but by three years after the battle, the Roman armies had withdrawn to the Southern Uplands; the Romans erected Hadrian's Wall in northern England and the Limes Britannicus became the northern border of the Roman Empire. The Roman influence on the southern part of the country was considerable, they introduced Christianity to Scotland. Beginning in the sixth century, the area, now Scotland was divided into three areas: Pictland, a patchwork of small lordships in central Scotland; these societies were based on the family unit and had sharp divisions in wealth, although the vast majority were poor and worked full-time in subsistence agriculture. The Picts kept slaves through the ninth century. Gaelic influence over Pictland and Northumbria was facilitated by the large number of Gaelic-speaking clerics working as missionaries. Operating in the sixth ce
HM Revenue and Customs
Her Majesty's Revenue and Customs is a non-ministerial department of the UK Government responsible for the collection of taxes, the payment of some forms of state support and the administration of other regulatory regimes including the national minimum wage. HMRC was formed by the merger of the Inland Revenue and Her Majesty's Customs and Excise, which took effect on 18 April 2005; the department's logo is the St Edward's Crown enclosed within a circle. The department is responsible for the administration and collection of direct taxes including Income Tax, Corporation Tax, Capital Gains Tax and Inheritance Tax, indirect taxes including Value Added Tax, excise duties and Stamp Duty Land Tax, environmental taxes such as Air Passenger Duty and the Climate Change Levy. Other aspects of the department's responsibilities include National Insurance Contributions, the distribution of Child Benefit and some other forms of state support including the Child Trust Fund, payments of Tax Credits, enforcement of the National Minimum Wage, administering anti-money laundering registrations for Money Service Businesses and collection and publication of the trade-in-goods statistics.
Responsibility for the protection of the UK's borders passed to the UK Border Agency within the Home Office on 1 April 2008 and to UK Border Force and the National Crime Agency in 2013. HMRC has two overarching Public Service Agreement targets for the period 2008–2011: Improve the extent to which individuals and businesses pay the tax due and receive the credits and payments to which they are entitled Improve customers' experiences of HMRC and improve the UK business environment HMRC is a law enforcement agency which has a strong cadre of Criminal Investigators responsible for investigating Serious Organised Fiscal Crime; this includes all of the previous HMCE criminal work such as tobacco and oils smuggling. They have aligned their previous Customs and Excise powers to tackle previous Inland Revenue criminal offences, they are responsible for seizing billions of stolen pounds of HMG's revenue. Their skills and resources include the full range of intrusive and covert surveillance and they are a senior partner in the Organised Crime Partnership Board.
HMRC criminal investigation officers have wide-ranging powers of arrest, entry and detention. The main power is to detain anyone who has committed, or whom the officer has reasonable grounds to suspect has committed, any offence under the Customs and Excise Acts as well as related fraud offences. On 30 June 2006, under the authority of the new Labour Home Secretary, John Reid, extensive new powers were given to HMRC. Under Chairman Sir David Varney, a new Criminal Taxes Unit of senior tax investigators was created to target suspected fraudsters and criminal gangs. To disrupt and clamp down on criminal activity; this HMRC/CTU would pursue suspects in the same way the US Internal Revenue Service caught out Al Capone on tax evasion. These new powers included the ability to impose penalties without needing to prove the guilt of suspected criminals. On 19 July 2006, the Executive Chairman of Sir David Varney resigned. HMRC is listed under parts of the British Government which contribute to intelligence collection and assessment.
Their prosecution cases may be coordinated with the Crown Prosecution Service. The department is organised around four operational groups, each led by a director general; the four operational groups are: Personal Tax led by Mike BakerBenefits and Credits led by Nick Lodge Business Tax led by Jim Harra Customer Compliance led by Penny CiniewiczIn addition to the four operational groups, there are five supporting groups. These are: Permanent Secretary for Tax group Chief Finance Officer group Chief information Officer group General Counsel and Solicitor group Chief People Officer groupHMRC deals with the top 2,000 large business via CRM; the next 8,400 business are dealt with via Customer Co-ordinators who provide a single point of contact with HMRC. The merger of the Inland Revenue and HM Customs & Excise was announced by Chancellor of the Exchequer Gordon Brown in the Budget on 17 March 2004; the name for the new department and its first executive chairman, David Varney, were announced on 9 May 2004.
Varney joined the nascent department in September 2004, staff started moving from Somerset House and New Kings Beam House into HMRC's new headquarters building at 100 Parliament Street in Whitehall on 21 November 2004. The planned new department was announced formally in the Queen's Speech of 2004 and a bill, the Commissioners for Revenue and Customs Bill, was introduced into the House of Commons on 24 September 2004, received Royal Assent as the Commissioners for Revenue and Customs Act 2005 on 7 April 2005; the Act creates a Revenue and Customs Prosecutions Office responsible for the prosecution of all Revenue and Customs cases. The old Inland Revenue and Customs & Excise departments had different historical bases, internal cultures and legal powers; the merger was described by the Financial Times on 9 July 2004, as "mating the C&E terrier with the IR retriever". For an interim period officers of HMRC are empowered to use existing Inland Revenue powers in relation to matters within the remit of the old Inland Revenue and existing Customs powers in relation to matters within the remit of the old Customs & Excise.
Scottish Legal Aid Board
The Scottish Legal Aid Board is an executive non-departmental public body of the Scottish Government, responsible for managing legal aid. It was established in April 1987, under the Legal Aid Act 1986, taking over functions exercised by the Law Society. In 2006 it had an annual budget of £164 million. Providing free legal assistance in Scotland is based on the Poor’s Roll of 1424: “and gif there bee onie pure creature, for faulte of cunning, or expenses, that cannot, nor may not follow his cause, the King for the love of GOD, sall ordain the judge to purwey and get a leill and a wise Advocate, to follow sik pure creatures causes” This was reinforced by a 1587 Act of the Scots Parliament: “quhatsumever lieges of this Realme accused of treason, or for quatsumever crime… full libertie to provide himselfe of Advocates and Praeloquutoures, in competent numbers to defend his life and land, against quhatsumever accusation”. Scottish public bodies Official website The history of legal aid in Scotland
A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law; the prosecutor represents the government in the case brought against the accused person. Prosecutors are lawyers who possess a law degree, are recognized as legal professionals by the court in which they intend to represent society, they only become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can pursue the prosecution of government officials. Multiple offices exist in a single country in those countries with federal governments where sovereignty has been bifurcated or devolved in some way. Since prosecutors are backed by the power of the state, they are subject to special professional responsibility rules in addition to those binding all lawyers.
For example, in the United States, Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to the defense of all evidence or information that tends to negate the guilt of the accused or mitigates the offense." Not all U. S. states adopt the model rules. S. Supreme Court cases and other appellate cases have ruled. Typical sources of ethical requirements imposed on prosecutors come from appellate court opinions, state or federal court rules, state or federal statutes. In Australia, Canada and Wales, Hong Kong, Northern Ireland, Republic of Ireland, Trinidad & Tobago and South Africa, the head of the prosecuting authority is known as the Director of Public Prosecutions, is appointed, not elected. A DPP may be subject to varying degrees of control by the Attorney General by a formal written directive which must be published. In Australia, the Offices of the Director of Public Prosecutions institute prosecutions for indictable offences on behalf of the Crown.
At least in the case of serious matters, the DPP will be asked by the police, during the course of the investigation, to advise them on sufficiency of evidence, may well be asked, if he or she thinks it proper, to prepare an application to the relevant court for search, listening device or telecommunications interception warrants. More recent constitutions, such as South Africa's, tend to guarantee the independence and impartiality of the DPP. Prosecutors in Australia come in a few distinct species. Prosecutors of minor criminal cases in lower courts, are Police Sergeants with a traineeship in prosecution and advocacy lasting appoximately 1 year in duration, although they may hold law degrees. Crown Prosecutors are always lawyers, barristers, they represent the state or Commonwealth in serious criminal cases in higher courts, County Court and above. Aside from Police prosecutors and Crown prosecutors, government agencies have the authority to appoint non-lawyers to prosecute on their behalf, such as the RSPCA Inspectors.
In Canada, public prosecutors in most provinces are called Crown Counsel. They are appointed by the provincial Attorney-General. Though Scots law is a mixed system, its civil law jurisdiction indicates its civil law heritage. Here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate, and, in theory, they can direct investigations by the police. In serious cases, a Procurator Fiscal, Advocate Depute or the Lord Advocate, may take charge of a police investigation, it is at the discretion of the Procurator Fiscal, Advocate Depute, or Lord Advocate to take a prosecution to court, to decide on whether or not to prosecute it under solemn procedure or summary procedure. Other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions, such as rehabilitation and social work. All prosecutions are handled within the Crown Procurator Fiscal Service. Procurators fiscal will refer cases involving minors to Children's Hearings, which are not courts of law, but a panel of lay members empowered to act in the interests of the child.
In the United States, the director of a prosecution office may be known by any of several names depending on the jurisdiction, most District Attorney. In Commonwealth states, like Virginia, they are known as Commonwealth's Attorney The prosecution is the legal party responsible for presenting the case against an individual or a corporation suspected of breaking the law and directing further criminal investigations and recommending the sentencing of offenders, are the only attorneys allowed to participate in grand jury proceedings; the titles of prosecutors in state courts vary from state to state and level of government and include the terms District Attorney in New York, Texas, Delaware, North Carolina, Nevada, Wisconsin and Oklahoma.