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What is Scots Law?

Legal Professionals

Solicitors

Solicitors are the most numerous of the legal professionals. There are around 10,000 in Scotland. They can give advice on all legal matters and represent clients in court. Solicitors are all members of the Law Society of Scotland, which promotes the interests of solicitors and the public in relation to the profession.

Solicitor Advocates

Solicitor advocates were first granted the right to appear in the highest courts in Scotland in 1993 and have equal rights to advocates. Only solicitor advocates and advocates are qualified to appear in the higher courts.

Advocates

Advocates are members of the Scottish Bar. They have a right to appear in all Scottish courts, though most of their work involves appearing in the higher courts and giving specialist opinions on legal matters. Queen’s Counsel are senior advocates. All advocates are members of the Faculty of Advocates, which is part of the College of Justice.

Notaries Public

Notaries Public are solicitors who are required to record certain transactions and sign specific legal documents.

The Courts: Civil and Criminal

The Judicial Committee is the final court of appeal on legal issues arising from devolution in Scotland and Wales, although that function will be transferred to the proposed UK Supreme Court when the Constitutional Reform Act 2005 comes into effect.

House of Lords

The highest civil appeal court is the House of Lords which sits in Westminster, although that function will be transferred to the proposed UK Supreme Court when the Constitutional Reform Act 2005 comes into effect.

The Court of Session is the highest civil court within Scotland. It has an Outer House, which deals with cases initially before any appeal, and an Inner House, which deals with appeals. The principal judge is the Lord President. The court sits only at Parliament House in Edinburgh.

The highest criminal court in Scotland is the High Court of Justiciary, which is headed by the Lord Justice General, who is also the Lord President. When sitting, judges are known as Lords Commissioners of Justiciary. The High Court also hears appeals when it sits as the Court of Criminal Appeal. The High Court sits both in Edinburgh and around Scotland.

The lower court in Scotland is the Sheriff Court. Each Sheriffdom (of which there are six) has a Sheriff Principal, with Sheriffs sitting in each main town. This court has both civil and criminal jurisdictions. Appeals in civil cases go first to the Sheriff Principal, or the Court of Session, and then the House of Lords. Only the most serious criminal matters are outwith the Sheriff's jurisdiction. There is no appeal from Sheriff to Sheriff Principal in criminal cases, the appeal lies with the Court of Criminal Appeal.

The court dealing with petty criminal matters is the District Court. Each local authority district has a Magistrate's Court. The Magistrate may be a lay justice sitting with an assessor or a stipendiary magistrate who is legally qualified.

• The Court of the Lord Lyon - dealing with matters of heraldry
• The Scottish Land Court - dealing with disputes between landlord and tenant, especially in the crofting counties.
• The Teind Court - dealing with disputes in respect of teinds or tithes.
• Church Courts of the Church of Scotland, including the General Assembly and Kirk Sessions.

• The Employment Appeals Tribunal which hears appeals from Industrial Tribunals also sitting in Scotland.
• The Immigration Appeals Tribunal which deals with appeals from ImmigrationTribunals.
• The Lands Tribunal for Scotland which deals with the discharge or variation of land obligations and questions of compensation for compulsory purchase.