District & JP 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.

Details of where the District Courts are located and information about the District Courts can be found on the Scottish Justices Association Website.

On 22 March 2005, plans to reform summary criminal justice and unify the administration of sheriff and district courts were announced by Cathy Jamieson, Minister for Justice. Details of these plans are set out in a paper - Smarter Justice, Safer Communities, Summary Justice Reform - Next Steps, available on the Scottish Government web site.

Further information is available on this web site in a section detailing Summary Justice Reform.

District Courts are summary criminal courts administered by the local authority. JP 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 (JP) Courts will be established in their place. In most cases the location of the court will remain unchanged.
A JP 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.   JP Courts may be presided over by:

  • in Glasgow only, a legally qualified Stipendiary Magistrate; and
  • elsewhere, a JP who is not legally qualified, but who is supported by a legal assessor (a qualified solicitor).

The maximum sentence that a Stipendiary Magistrate may impose is:

  • 12 months imprisonment or a fine not exceeding £10,000.00.

The maximum sentence that a JP may impose is:

  • 60 days imprisonment or a fine not exceeding £2,500.00.

The sentencing powers of the JP Court are the same as those that were in the District Court.  The court may be presided over by one or more JPs. Some courts sit with three JPs on the bench.

The main reforms in addition to the unification of District and Sheriff Courts are:

  • More alternatives to prosecution: Extending the range of alternatives to prosecution that can be offered, such as the ability of the Procurator Fiscal to offer higher fixed penalty fines as an alternative to a prosecution, and impose compensation orders on an offender to pay their victim,
  • Creation of Fines Enforcement Officers: These officers will have a range of powers to manage the collection of fines from those who refuse to pay, but also offer help to those genuinely unable to pay,
  • Combining court cases: Allowing prosecutors to apply to the court to have all outstanding charges 'rolled up' into a single case, even if the charges are outstanding in different Sheriffdoms - ensuring more efficient use of court and prosecution resources,
  • Sentencing powers: Increasing the sentencing powers of Sheriffs in non jury trials to a maximum of 12 months imprisonment and a £10,000 fine - helping to ensure that those courts can deal effectively with a wide range of cases,
  • Appointment of JPs: Reforming the procedures by which JPs are appointed and trained, including provision for a system of appraisal - helping the lay justice system better represent local communities and ensuring consistently high standards of justice; and
  • Speeding up the Legal Processes: Changes to the law relating to criminal proceeding so that cases can be dealt with as quickly and effectively as possible to improve speed and efficiency.