Sheriff Appeal Court in session for first time

Scotland's new Sheriff Appeal Court sat for the first time yesterday.

The court has taken over jurisdiction in summary criminal appeals from the High Court of Justiciary. Early next year it will also begin hearing civial appeals that at present go to the sheriff principal.

During an opening ceremony, Sheriff Principal Mhairi Stephen QC, President of the Sheriff Appeal Court, said: “The court represents a once in a lifetime opportunity to create and develop a new appeal court for a modern Scotland.

“Today is the historic first sitting of the court to hear appeals from decisions of sheriffs and justices of the peace across Scotland.

“I have always thought that the sheriff court, with its wide jurisdiction, is truly the people’s court where the vast majority of the population come into contact with the justice system, be it civil or criminal. This appeal court must develop and demonstrate that the people of Scotland can have confidence in its work and decision making.”

James Wolffe QC, Dean of the Faculty of Advocates, said the current reform of the sheriff court system was the most significant since its creation in the reign of David I. Of those reforms, the establishment of the new appeal court was the most important structural innovation.

“In our system, justice is a co-operative endeavour," he commented. "It depends on the skill and integrity with which all those who are involved in the administration of justice fulfill their functions – whether as judges, advocates or solicitors.

“The great 17th century Lord Advocate and Dean of Faculty, Sir George Mackenzie, spoke of the work of judges as the deliberative part of our system, and the work of those who appear before them as the creative part.

“But the work of an appellate judge has its creative aspect too. I hope that as it engages in the endeavour of doing justice and as it articulates and develops the law, this court will find assistance from the submissions of those who appear before it.

“As Dean of Faculty, I pledge my support, and the support of the profession which I lead, for the work of this court – and in helping to make it the success that, under your leadership, it will be.”

Frank Mulholland QC, the Lord Advocate, added that the reforms would enable the best use to be made of the sheriff court system, stating: “The law of Scotland will be all the better for that.”

Last month the Scottish Government backed down on proposals to cut the legal aid payments to solicitors presenting cases in the new court, laying interim regulations that keep the previous level of payments (itself frozen for many years) for summary appeals pending a further review. These have now come into force.