District & Justice of the Peace Courts

The District Court (Scotland) Act 1975 (as amended) provides that each local authority in Scotland must have a District court. Many local authorities have several District Courts.

In 2005, as part of proposals for Summary Justice Reform, plans were announced to reform summary criminal justice and unify the administration of Sheriff and District Courts. Details of these plans are set out in a paper – Smarter Justice, Safer Communities, Summary Justice Reform – Next Steps.

District Courts are summary criminal courts administered by the local authority. Justice of the Peace Courts have been created by the Criminal Proceedings etc (Reform) (Scotland) Act 2007. They are replacing District Courts on a phased basis and are administered by the Scottish Court Service. As each Sheriffdom undergoes the unification process, District Courts will be disestablished and Justice of the Peace Courts established in their place. In most cases the location of the court will remain unchanged.

Unification has now taken place in the Sheriffdoms of Lothian & Borders and Grampian, Highlands and Islands, Glasgow & Strathkelvin and details of the new Justice of the Peace Courts can be found by using the court search.

Unification of the remaining Sheriffdoms of Tayside Central & Fife, South Strathclyde, Dumfries & Galloway and North Strathclyde will be completed by the end of 2009. Details of where District Courts are located and information about the District Courts can be found on the appropriate local authority website.

A Justice of the Peace Court is a lay court where a Justice of the Peace who is not legally qualified sits with a legally qualified Clerk. The Clerk provides advice to the Justices on matters of law and procedure. The maximum sentence that a JP may impose is:

  • 60 days imprisonment or a fine not exceeding £2,500
The sentencing powers of the JP Court are the same as those that were in the District Court.
  • In Glasgow District Court only, some courts are presided over by a legally qualified Stipendiary Magistrate. The maximum sentence that a Stipendiary Magistrate may impose is:
  • 12 months imprisonment or a fine not exceeding £10,000