Sheriff principal

David I, 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.)[2][3]

In 1540 an Act of the Parliament of Scotland mandated that sheriffs principal (along with bailies and stewards) should "hold all their three head courts by themselves in proper person, unless they have a just and lawful excuse".[4] 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.[5]

In the 17th century, under the reign of Charles II, the number of heritable sheriffs principal increased in recognition of his restoration to the throne. By 1700, 21 of the 33 sheriffs principal were hereditary.[6]

In the 18th century, the office of hereditary sheriff principal was abolished by the Heritable Jurisdictions (Scotland) Act 1746,[7][8] with the sheriffs-depute assuming the role and office of sheriff principal.

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.

In the 20th century the sheriff principal had appellate jurisdiction over summary causes in civil cases, with only cases that went to a full proof (hearing) having a right of appeal to both the sheriff principal and the Court of Session.[9]

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 sheriffs-substitute should be known as sheriff, stating:[3]

4 Offices of sheriff principal and sheriff (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.

— Section 4, 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.[10]

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.[11]

The work of a sheriff principal is partly judicial and partly administrative, consisting broadly of the following:[12]

• conventional judicial duties in the Sheriff courts;
• judicial and 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.

A sheriff principal sometimes sits in criminal courts or conducts major fatal accident inquiries. Following the passage and commencement of the Courts Reform (Scotland) Act 2014 by the Scottish Parliament sheriffs principal have sat ex officio as appeal sheriffs in the Sheriff Appeal Court with jurisdiction over both civil and criminal appeals.[13][14][15]

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”.

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.[16]

The Sheriff Principal of Lothian and Borders is Sheriff of Chancery (disposes of petitions for rights of succession to land and intestate estates; see Chancery (Scotland)).[12]^: 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.