The Justice of the Peace Courts (Sheriffdom of North Strathclyde) etc. 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 North Strathclyde. 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 North Strathclyde.

Article 3 of, and Schedule 2 to, the Order make provision for the disestablishment of district courts (established under the District Courts (Scotland) Act 1975) which sit within the Sheriffdom of North Strathclyde. The district court of East Dunbartonshire, which has jurisdiction extending into both the Sheriffdom of North Strathclyde and the Sheriffdom of Glasgow and Strathkelvin, is also disestablished. 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 crosses over the boundary of that Sheriffdom. There are regular sittings of that district court at Kilmarnock which falls within the Sheriffdom of North Strathclyde and Cumnock which falls within the Sheriffdom of South Strathclyde, Dumfries and Galloway.

The District Court of East Ayrshire is not disestablished but the repeal of section 6(1) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) for the Sheriffdom of North Strathclyde means that that local authority cannot set down sittings of that court in that Sheriffdom. The effect of this repeal will be that there will no longer be sittings of that district court within the Sheriffdom of North Strathclyde which includes Kilmarnock. It will, however, be possible for there to be sittings of that court in the Sheriffdom of South Strathclyde, Dumfries and Galloway. Section 6(1) of the 1995 Act is repealed by paragraph 9(1)(a) of the schedule to the Criminal Proceedings etc.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 will be commenced for the Sheriffdom of North Strathclyde on the 14th December 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 North Strathclyde 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 Kilmarnock. This provision reflects the fact that there will be no further sittings of that court at 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 Kilmarnock Sheriff Court are transferred to the JP Court sitting at Kilmarnock. Provision is also made for transfer of relevant court records in paragraphs (4) to (6).

Interpretative provisions are provided to attach to articles 5 and 6 of this Order to enable the transfer of court business to the JP Court sitting at Kilmarnock. In relation to article 5, the provisions of article 7(7) and (8) will allow the Clerk of the JP Court sitting at Kilmarnock 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 Kilmarnock. In relation to article 6, the provisions of article 7(9) and (10) will allow citation and fixing of diets in the JP Court sitting at Kilmarnock prior to its establishment in relation to cases in the District Court of East Ayrshire at Kilmarnock.

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 North Strathclyde and are consequential upon the establishment of the JP courts in that Sheriffdom and the disestablishment of the district courts. Similar repeals have been made following the establishment of JP courts in the other Sheriffdoms.