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Find out about our work, the different courts operated by SCTS and services we provide.
The work of the Scottish Courts and Tribunals Service covers a broader range of issues than you may think.
In providing support to Scotland’s courts, devolved tribunals and the Office of the Public Guardian, we deal with over a quarter of a million cases and applications each year.
This touches the lives of many people on a daily basis – be that through formal court or tribunal business, fulfilling a civic duty as a juror, paying fees or fines, seeking help in managing the affairs of an incapable adult or dealing with the estate of a loved one who has passed away.
SCTS is an independent, judicially-led, public body, with the composition of the Board set in statute (dictated by law made by the UK Parliament). Chaired by the Lord President, Scotland’s most senior judge, its membership is drawn from those holding judicial office, members with a legal background and independent members from outside the justice system.
Cases can be brought to the Criminal or Civil courts in Scotland. There are also Tribunals that have the authority to determine specific types of disputes.
Where it is suspected that crime has been committed, the Crown Office and Procurator Fiscal Service (COPFS) will bring a prosecution to court.
Cases are heard at a Justice of the Peace Court, Sheriff Court or High Court depending on the severity of the crime. The maximum penalty each court can hand down is set by law.
If the accused person pleads not guilty a jury of 15 people will hear a trial for more serious offences, called solemn procedure. Other crimes will take place in front of a judge only and is called summary procedure.
The prosecution need to prove the case ‘beyond all reasonable doubt’. When a person is convicted of a crime or pleads guilty they will be sentenced by a judge based on the law and the unique circumstances of each case.
Civil cases can be brought by individuals or organisations against other individuals or organisations. These are instigated to rectify what they believe is an unfair situation. Cases can be heard in the Sheriff Court or in the Court of Session.
Examples include family issues such as divorce; personal injury claims; breaches of a contract and the review of local or central government decisions.
In most civil cases a judge will decide what facts of the two sides presented in court have been proven and decide what should be done as a result. However there are occasions where a jury made up of 12 people will decide. A finding in favour of one side is made ‘on the balance of probability’.
Tribunals hear specific cases which cover issues devolved to Scotland such as, mental health and land. They also hear cases on areas such as pension appeals, additional support needs for children, housing, taxation, social security and health.
SCTS does not cover Tribunals that are dealt with by the UK HM Courts and Tribunal Services. This includes immigration and asylum, social entitlement and employment.
In addition to Criminal and Civil courts and Tribunals, SCTS is also responsible for the Office of the Public Guardian, Scottish Land Court, Lands Tribunal for Scotland and the Court of the Lord Lyon.
The remit of the Office of the Public Guardian is to support adults with incapacity. This includes maintaining a register of powers of attorney, supervising those appointed to manage the financial affairs of people who are unable to do this for themselves.
OPG also investigates circumstances where property or finances relating to an incapable adult appear to be at risk.
The Scottish Land Court covers farming. It deals with agriculture and crofting and deals with disputes between landlords and tenants.
The Lands Tribunal for Scotland has statutory power to deal with various types of dispute involving land or property and works in much the same way as an ordinary civil court.
The Court of the Lord Lyon is regulated by Acts of Parliament and decides on matters relating to the legality of Coats of Arms.
There are avenues to appeal that a party can use if they feel there has been an error in the process of any of the courts.