The Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) Order 2009

Explanatory Note

(This note is not part of the Order)

This Order makes various provision in relation to the establishment of justice of the peace courts (“JP courts”) in the Sheriffdom of South Strathclyde, Dumfries and Galloway. JP Courts are being established on a Sheriffdom by Sheriffdom basis and have already been established in Lothian and Borders; Grampian, Highland and Islands, Glasgow and Strathkelvin; and Tayside, Central and Fife.

Article 2 of, and Schedule 1 to, the Order specify the JP courts which are to be established in the various sheriff court districts within the Sheriffdom of South Strathclyde, Dumfries and Galloway.

Article 3 of, and Schedule 2 to, the Order make provision for the disestablishment of the district courts (established under the District Courts (Scotland) Act 1975) which sit within the Sheriffdom of South Strathclyde, Dumfries and Galloway. Those district courts are disestablished by reference to commission areas (areas of Councils) in which they were established.

The jurisdiction of the district court of East Ayrshire also extends into the Sheriffdom of South Strathclyde, Dumfries and Galloway. This is because the boundary of that commission area overlaps the boundary of the Sheriffdom of South Strathclyde, Dumfries and Galloway. There are regular sittings of that district court at Cumnock which falls within the Sheriffdom of South Strathclyde, Dumfries and Galloway.

The District Court of East Ayrshire is not disestablished by this Order because to do so would mean that there would be inadequate provision of lower tier summary criminal courts in the Sheriffdom of North Strathclyde (which is currently served by the East Ayrshire District Court sitting at Kilmarnock and the district courts for other local authority areas within that Sheriffdom).

Although the District Court of East Ayrshire is not disestablished, the repeal of section 6(1) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) for the Sheriffdom of South Strathclyde, Dumfries and Galloway means that that local authority cannot set down sittings of that court in the Sheriffdom of South Strathclyde, Dumfries and Galloway. The effect of this repeal will be that there will no longer be sittings of those district courts within the Sheriffdom of South Strathclyde, Dumfries and Galloway which, of course, includes Cumnock. Section 6(1) of the 1995 Act is repealed by paragraph 9(1)(a) of the schedule to the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (“the 2007 Act”) which is to be commenced on the 29th June 2009 by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 7) Order 2009.

Article 4 confirms that a scheme to be made by the Scottish Ministers (under section 65(2) of the 2007 Act) will identify which staff of the district courts that scheme will apply to. The effect of the scheme will be that certain staff (being employees of the local authorities which administer the district courts) will transfer to the employment of the Scottish Administration.

Article 5 makes incidental, consequential and transitional provision in relation to certain fixed penalties and conditional offers of penalties. These provisions will allow the Clerk to the JP courts to deal with matters relating to penalties and offers which were previously dealt with by the Clerk of the disestablished district courts.

Article 6 makes further transitional provision allowing accused persons and witnesses to be cited to the JP courts in the Sheriffdom of South Strathclyde, Dumfries and Galloway prior to their establishment. The article makes transitional provision for fixing diets in those courts and for dealing with the alteration of such diets (under sections 137 and 137ZA of the 1995 Act) and incidental applications made in respect of such cases (under section 134 of that Act).

Article 7 makes supplemental and transitional provision in relation to cases which are ongoing in the District Court of East Ayrshire at Cumnock. This provision reflects the fact that there will be no further sittings of that court in that location as discussed above. The effect of the provisions at article 7(1) to (3) is that cases instigated in that court and which fall within the jurisdiction of Ayr Sheriff Court (and hence the jurisdiction of the JP Court for Ayr) are transferred to the Ayr JP Court. Provision is also made for transfer of relevant court records in paragraphs (4) to (6).

Interpretative glosses are provided to attach to articles 5 and 6 of this Order to enable the transfer of court business to the JP Court of Ayr. In relation to article 5, the provisions of article 7(7) and (8) will allow the Clerk of the JP Court for Ayr to deal with matters relating to certain penalties and offers which were previously dealt with by the Clerk of the District Court for East Ayrshire at Cumnock. In relation to article 6, the provisions of article 7(9) and (10) will allow citation and fixing of diets in the JP Court for Ayr prior to its establishment in relation to cases in the District Court of East Ayrshire at Cumnock.

Article 8 of and Schedule 3 to the Order make provision in relation to the repeal of various sections of the District Courts (Scotland) Act 1975. These repeals apply only to the Sheriffdom of South Strathclyde, Dumfries and Galloway and are consequential upon the establishment of the JP courts in that Sheriffdom and the disestablishment of the district courts.