The Office of Sheriff

The essential requirement for the role of a sheriff is to possess the ability and legal standing to perform the functions of the office. 

This requires knowledge and experience of civil law and practice and that relating to summary and solemn crime.  A sheriff with limited experience in any particular area of the law will have demonstrated their ability to acquire that knowledge and will be expected to sit in judgment thereafter. 

The primary function of the sheriff is to act as judge at first instance and to issue oral and written decisions, often quickly and under pressure. 

Sheriffs have jurisdiction to deal with some appellate, administrative and quasi-judicial functions and may conduct Fatal Accident Inquiries. Some sheriffs are designated as specialists in areas such as family and commercial work or solemn criminal work. Others are appointed to sit in the All Scotland Personal Injury Court. Those with five or more years’ service, may be appointed as appeal sheriffs to sit in the Sheriff Appeal Court. Sheriffs may be asked to sit as temporary judges in the High Court. 

Each sheriff in Scotland has the same powers and responsibilities throughout Scotland. In the cities and larger towns, a number of sheriffs and summary sheriffs may work in the same building. In some courts there may be only one sheriff. In some sheriffdoms, especially in the more rural areas, particularly those on the islands, the sheriff may sit in more than one court building during the course of a week. 

Eligibility

Eligibility for the office of sheriff is set out in Section 14 of the Courts Reform (Scotland) Act 2014 which states that immediately before appointment you must:

• hold any other judicial office specified in Section 14, or
• be legally qualified (either as a solicitor or advocate) for a period of ten years.

Skills and Qualities

The skills expected of sheriffs include an active management of cases to ensure the efficient disposal of court business, versatility, the ability to deal with any case and at short notice, and the ability to work in an atmosphere of collegiality with fellow sheriffs. In some courts, sheriffs preside over problem solving courts. In all courts, sheriffs are expected to take, where appropriate, a problem solving approach. In some cases, a sheriff is required to engage with parties and agents to seek to resolve disputes by mediation or another form of alternative dispute resolution. Sheriffs’ deal with a large number of unrepresented parties in both civil and criminal courts.  They may be asked to consider a triage approach to help inform and guide individuals in identifying the most appropriate route to resolving their problem. 

Any judicial post holder must in addition possess a range of personal and judicial qualities in order to successfully perform the functions of the office. A link to further information about these qualities is [attached].

Sheriffs undertake a variety of work in chambers, including:

• Writing civil judgments and parole board reports;
• Preparing stated cases and reports for criminal or civil appeals or children’s referral cases;
• Dealing with warrant requests;
• Dealing with interlocutory matters;
• Considering applications for adoptions and permanence orders, undefended divorces, adult welfare and guardianship orders; and
• Considering reports of breaches of community disposals.

Sheriffs are expected, and are frequently called upon, to serve, and in some instances are required by statute to be represented, on a wide variety of quasi-judicial, administrative and advisory or consultative bodies.

These include-

• The Judicial Appointments Board for Scotland
• The Scottish Civil Justice Council and/or its committees
• The Scottish Sentencing Council and/or its committees
• The Parole Board for Scotland
• The Board of the Scottish Courts and Tribunals Service
• The Advisory Council Committee of the Judicial Institute
• Working groups and sub-committees for the Judicial Council
• The Scottish Legal Aid Board
• The Justices of the Peace Training Committee of the Judicial Institute
• Court user groups
• Criminal justice bodies
• Research groups