Summary Sheriffs will sit in Scotland’s Sheriff Courts for the first time today, 1 April 2016, as part of reforms to the Scottish court system.
The post of Summary Sheriff, which was established by the Courts Reform (Scotland) Act 2014, was created to ensure that cases in Scotland’s courts are heard at the appropriate level in the court structure, enabling Sheriffs to focus on solemn business and more complex criminal cases. The 2014 Act also abolished the office of stipendiary magistrate.
Summary Sheriffs will conduct summary trials and be able to impose appropriate sentences in summary proceedings. In summary procedure the maximum penalty, except where lower penalties are prescribed by a particular statute, is 12 months’ imprisonment and a fine of £10,000. There are also wide discretionary sentences such as Community Payback Orders, drug treatment and restriction of liberty orders and the power to order compensation.
In addition, a Summary Sheriff will have competence over certain procedural matters in solemn cases prior to the first diet. This would include the granting of warrants for arrest and production of documents; custody hearings which include bail and bail review hearings.
Further information can be found on the
Judiciary of Scotland website.