Part 4JP courts and JPs

Establishing JP courts etc.

I159Establishing JP courts

1

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2

The Scottish Ministers mayF6, following submission of a proposal under subsection (7), by order establish courts of summary criminal jurisdiction to be known as justice of the peace courts.

3

JP courts are to be established by reference to a particular sheriff court district.

4

There is to be at least one JP court located in every sheriff court district except where, in relation to a district, the F2Lord President of the Court of Session determines that a JP court is not necessary.

5

In determining for the purposes of subsection (4) whether a JP court is necessary, the F3Lord President must have regard to—

a

the amount of summary criminal court business in the district, and

b

the capacity of—

i

other JP courts in the same sheriffdom,

ii

the sheriff courts in that sheriffdom.

6

The Scottish Ministers mayF7, following submission of a proposal under subsection (7), by order provide for—

a

the relocation of a JP court,

b

the disestablishment of a JP court.

F57

The Scottish Courts and Tribunals Service may, with the agreement of the Lord President, submit a proposal to the Scottish Ministers for the making of an order under subsection (2) or (6).

7A

Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons as it considers appropriate.

7B

If, following submission of a proposal, the Scottish Ministers decide to make an order, they must have regard to the proposal in deciding what provision to make in the order.

7C

The Scottish Ministers may make an order under subsection (2) or (6) only with the consent of—

a

the Lord President, and

b

the Scottish Courts and Tribunals Service.

8

This section—

a

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

does not affect the operation of the sheriff court.

9

In this Part—

  • a “district court”is a court of that name established under the 1975 Act,

  • a “JP court”is a justice of the peace court,

  • a “JP”is a justice of the peace.