- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)It is the duty of the Scottish Ministers to secure the adequate and efficient provision of courts of summary criminal jurisdiction.
(2)The Scottish Ministers may 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 Scottish Ministers determine that a JP court is not necessary.
(5)In determining for the purposes of subsection (4) whether a JP court is necessary, the Scottish Ministers 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 may by order provide for—
(a)the relocation of a JP court,
(b)the disestablishment of a JP court.
(7)Before making an order under subsection (2) or (6), the Scottish Ministers must consult the sheriff principal for the sheriffdom in which the JP court is, or is to be, located.
(a)is without prejudice to section 1 (organisation and administration of sheriff courts) of the 1971 Act, and
(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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: