Part I Criminal Courts

Jurisdiction and Powers

The sheriff

F15DFurther provision about national jurisdiction of sheriff courts

(1)

A sheriff has jurisdiction for all cases which come before the sheriff by virtue of section 5B or 5C.

(2)

A procurator fiscal for a sheriff court district has—

(a)

power to prosecute or, as the case may be, represent the interests of the prosecutor in any case that comes before the sheriff court of that district by virtue of section 5B or 5C,

(b)

the like powers in relation to such cases as the prosecutor has for the purposes of other cases that come before the sheriff when exercising criminal jurisdiction.

(3)

For the purposes of sections 5B and 5C—

(a)

a sheriff may, in every sheriffdom, without the need for further commission, exercise the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings,

(b)

paragraph (a) applies accordingly to any other member of the judiciary, so far as that member has the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings.

(4)

This section, and sections 5B and 5C, are without prejudice to—

(a)

any other provision in this Part, and

(b)

sections 34A and 137C.