Scottish Court Structure

The structure of the Scottish courts is split into two completely different areas: Criminal and Civil. Both deal with different types of cases and have different structures. “Whereas the criminal justice system is focused on sentences designed to act as a punishment or deterrent (such as a fine or a period of imprisonment), civil court proceedings are brought in order to obtain a specific legal remedy which can be enforced against the other party to the action.” (Harvie-Clark, 2014). The civil court is structured depending on the severity of the case at hand these are the Sheriff Court which deals with cases such as Domestic/family matters and contractual disputes. The Court of Session (which is further divided into the Inner House and Outer
Sometimes a jury of 12 (compared to a jury of 15 that is usually found in criminal cases) will also hear cases. The outer House has several courts each presided over by a ‘Junior’ Lord of Session who is known as a Lord Ordinary who sit to hear cases at the first instance. Sometimes a jury of 12 (compared to a jury of 15 that is usually found in criminal cases) will also hear cases. Prospective litigants never used to have a say in which judge they would like to hear their case but now they can have some say which could be helpful if the Lord/Lady has expertise in the area that their case is on.

“The jurisdiction of the Outer House extends to all kinds of civil claims unless jurisdiction is expressly excluded by a statute.” (Shiels, 2003). Usually for court actions of more than £1500. It also practices Judicial Review and the 'Nobile Officium' (which provides the court with an equitable power that gives the case a remedy where justice is needed and where there are no other remedies from previous
The Lord President (the first senior judge and the head of the judiciary) presides over the First Division with three senior Lords of Session. The Lord Justice Clerk presides over the Second Division with three other judges. Normally three out of the four judges will sit in court as that is the minimum number of people required to make a judgement (known as a quorum). In special cases a “full Bench” of 7 judges may sit in court. An Extra Division may be assembled (by the Lord President and formed of judges that usually work in the Outer House) when there is more business than usual. Decisions on court actions are made when all personnel are in complete agreement or by the majority vote (the presiding judge will not get to cast a vote). In contrast to the Outer House the party does not have the right to pick which judges hear their