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Scots law |
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The courts of Scotland are part of the Scottish legal system. Each court has its own jurisdiction and in many cases, a right of appeal lies from one to another. Courts apply Scots law. Criminal cases are prosecuted by the Crown Office and Procurator Fiscal Service. and the Scottish Courts and Tribunal Service.[1] Scotland's supreme criminal court is the High Court of Justiciary. [2] The Court of Session is the supreme Scottish civil court[3] but UK-wide courts can review decisions of great public or constitutional importance.
Scots law is developed and interpreted by the courts of Scotland, particularly the supreme courts. Most civil law disputes will be resolved by the lower courts or tribunals. A great number of disputes are resolved extrajudicially. Scots law provides for the binding settlement of civil disputes, including through voluntary mediation, and arbitration. An increasing number of ombudsmen and other authorities have the authority to resolve disputes. The Procurator Fiscal Service obviates the criminal courts in many cases through the use of fiscal fines and other alternatives to prosecution. While most prosecutions will result in a plea of guilty, accused persons must still appear in court to plead guilty and for sentencing. All bail proceedings in Scotland are heard in the sheriff courts, regardless of the court in which the accused might eventually be prosecuted.
Some Sheriff courts in Scotland also operate as a Justice of the Peace Court. Such courts, which serve as both a Sheriff and Justice of the Peace Court is noted below:
Separate Justice of the peace courts, not part of a Sheriff Court, are noted below: