- Latest available (Revised)
- Point in Time (01/02/2011)
- Original (As enacted)
Criminal Proceedings etc. (Reform) (Scotland) Act 2007
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 59
Version Superseded: 01/04/2015
Alternative versions:
- 10/12/2007- Amendment
- 01/04/2010- Amendment
- 01/02/2011
Point in time - 01/04/2015- Amendment
Status:
Point in time view as at 01/02/2011. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
Criminal Proceedings etc. (Reform) (Scotland) Act 2007, Section 59 is up to date with all changes known to be in force on or before 04 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
59Establishing JP courtsS
This section has no associated Explanatory Notes
(1)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [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 may by order provide for—
(a)the relocation of a JP court,
(b)the disestablishment of a JP court.
[F4(7)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 Court Service.
(7A)Before consenting to the making of such an order—
(a)the Lord President must consult the sheriff principal for the sheriffdom in which the JP court is, or is to be, located, and
(b)the Scottish Court Service must consult such persons as it considers appropriate.]
(8)This section—
(a)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1S. 59(1) repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(2)(a), 76; S.S.I. 2010/39, art. 2, Sch.
F2Words in s. 59(4) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(2)(b), 76; S.S.I. 2010/39, art. 2, Sch.
F3Words in s. 59(5) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(2)(c), 76; S.S.I. 2010/39, art. 2, Sch.
F4S. 59(7)(7A) substituted (1.4.2010) for s. 59(7) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(2)(d), 76; S.S.I. 2010/39, art. 2, Sch.
F5S. 59(8)(a) and following word repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 73, 76, Sch. 5 para. 5(3)(a); S.S.I. 2010/39, art. 2, Sch.
Commencement Information
I1S. 59 wholly in force at 22.2.2010; s. 59 not in force at Royal Assent, see s. 84; s. 59 in force for certain purposes at 10.12.2007, 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009, 14.12.2009 and 22.2.2010 otherwise by S.S.I. 2007/479, art. 3, Sch.; S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3(1)(2), Sch. 1, Sch. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government 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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.