If you’re interested in moving to Scotland or practising Law in Scotland, it will be important to understand how the Scottish legal system works and how it differs from other legal systems that you might be more familiar with.
This article will give you a run-down on how Scots Law works and introduce you to the blended civil and common law system.
Without further ado, let’s get into it!
An Introduction To Scots Law
Scots laws are the governing legal system of Scotland. Along with English Law and Northern Ireland law, it is one of three legal systems in the U.K. It comprises a mix of Civil Law and Common Law, which can be summarised as follows:
Civil Law – a type of old law originating from Roman society (600 C.E.). In Civil Law, the main principles of a justice system are contained in strict codes and statutes, which are applied by the courts.
Common Law – a type of Law, originating from 11th-century England. This type of law is a little more on a case-by-case basis and is less subject to strict codes than Civil Law is.
Both types of law require judges, dedicated teams of Scottish lawyers, juries and courts to finalise cases.
How The Scottish Legal System Functions
Every country has its legal system.
Common Law is the most typical type of Law used to govern legal matters and disputes in most Western countries, such as the U.K. and USA.
Common law lawyers make presentations to the judge (and the jury in some cases) and examine witnesses themselves. Judges have greater freedom in fashioning a conclusion at the end of the case.
Civil Law is the main legal system in countries such as China, Japan and Russia. It is an older system of Law which gives a judge a higher degree of legal power in court proceedings.
In Civil Law proceedings, lawyers will still act as defendants for clients. However, most of their job involves preparing clients for trial, so they know what to say. When the client goes to court, the judge will act as the investigator and conduct the witness examination. At the end of the case, the judge will decide the ruling.
In Scots Law, both Common and Civil Law are used to decide court cases, and this blend allows the Law to be approached on a case-by-case basis.
So, for example, an abuse case might be decided with a full court, jury, judge and lawyers for each defendant. However, a case where someone is being fined for not paying parking tickets may be assessed by just appearing before a judge.
A blend of both types of Law assures that each case receives appropriate treatment and that nobody’s time is wasted. For example, calling on twelve people for a jury for an incredibly small case might not be worth the court’s time and money. However, having a jury for a big case with an accuser and a defendant helps reduce bias and ensure a fair ruling.
The Main Institutions Of Scottish Law
There are a few main types of institutions of Scottish Law, and what each one does differs slightly from the next. Some main Scots Law institutions include:
The Scottish Government – the Scottish Government is led by the First Minister of Scotland, and this is where all Scottish lawmaking takes place. The Government has full control of the legal system and acts as the head of the state.
Justice Of The Peace Courts – the Justice Of The Peace Courts are where smaller cases that ‘disrupt the peace’ are reviewed. Most cases will end with a small fine or penalty, and the maximum penalty that a normal Justice of the Peace can impose is a fine not exceeding £2,500 or up to 60 days in prison.
Sheriff’s Court – The Sheriff’s Court is a district criminal court organised by the sheriffdom. This is not to be confused with an American sheriff, who acts as the head of a police force; instead, a Scottish ‘Sheriff’ works similarly to a judge. The maximum penalty a Sheriff Court can impose when headed just by a Sheriff or Summary Sheriff is 12 months imprisonment or a fine not exceeding £10,000. However, a Common Law case before a Sheriff and jury can result in an unlimited fine or up to 5 years imprisonment.
High Court Of Justiciary — The most serious crimes in Scotland are taken to the High Court Of Justiciary for a ruling. These cases will likely take a common law approach, with a judge and a jury. If the case is particularly serious or involves a threat to the U.K., it may be passed to the Supreme Court Of The United Kingdom. A judge at these high courts can impose unlimited fines and imprisonment for life.
Sometimes, a case will be passed up the line as more things come to light in court. For example, if an abuse case turns into a murder case. Or if someone owing money for taxes keeps evading payment after being called to the Justice Of The Peace court, they may be sent to the Sheriff’s Court.
Final Thoughts,
We hope this article has given you a good introduction to Scots Law functions.
This is only a snippet of the fascinating legal system that helps protect Scotland’s people from injustice and harm. If you are interested in learning more, speak with a Scottish lawyer or law firm or even explore the Scot Gov website for more information.