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SCOTLAND
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SCOTLAND . See also:Civil.—In the See also:Court of Session there are certain forms of See also:summary civil proceedings by See also:petition, e.g.with reference to entails, custody of See also:children, guardians and factors of minors and lunatics, which are applications for exercise of the nobileofficium or extraordinary See also:jurisdiction of the court (see See also:Mackay, Court of Session Practice, i. 209, ii. 353). Summary jurisdiction is given to justices of the See also:peace as to the recovery of small debts. Criminal and Quasi-criminal.—The only See also:act See also:relating to summary jurisdiction See also:procedure See also:common to See also:England and Scotland is the Summary Jurisdiction See also:Process Act 1881. Summary jurisdiction in Scotland depends chiefly upon the Summary Jurisdiction (See also:Scot-See also:land) Acts 1864 and 1881. The acts follow, to Some extent, the lines of See also:English legislation, but the See also:sheriff and his deputies and substitutes are included in the See also:definition of the court, as are stipendiary magistrates (1897, c. 48). The acts also apply to proceedings before See also:burgh courts, or burgh magistrates, and to justices of the peace where they have by other statutes See also:power to try offences or enforce penalties. All proceedings for summary conviction or for recovery of a See also:penalty must be by way of complaint according to one of the forms in the See also:schedule to the act of 1864. The English See also:summons and See also:warrant are represented in Scotland by the warrant of See also:citation and the warrant of See also:apprehension. Where no See also:punishment is fixed for a statutory offence, the court cannot See also:sentence to more than a See also:fine of £5 or sixty days' imprisonment, in addition to ordering caution to keep the peace. The act of 1881 adopts certain of the provisions of the English act of 1879 as to mitigation of fines, terms of imprisonment, &c., and also gives a discretion as to punishment to a sheriff trying by See also:jury in cases where the See also:prosecution might have been by complaint under the acts. By the Youthful Offenders Act 1901, Scottish courts of summary jurisdiction have acquired the same jurisdiction as to offences by children as was conferred on English justices in 1879. Appeals from courts of summary jurisdiction are now mainly regulated by the act of 1875 (38 and 39 Vict. C. 62), and proceed on See also:case stated by the inferior See also:judge. A See also:bill was submitted to See also:parliament in 1907 for consolidating and amending the Scottish summary procedure. Additional information and CommentsThere are no comments yet for this article.
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