SCOTTISH JURIS piracy, and bours or near there be statutory authority to try the offence in the EXTENT OF place of apprehension (1). As regards offences com- DICTION. mitted at sea, piracy is the only crime which the Crimes at sea courts of Scotland have power to try, irrespective of the nationality of the offender, or the flag of the ship (2). As regards all other offences committed in Jurisdiction in ships, it depends upon the position of the ship at the offences in hartime, or upon its nationality, whether there is jurisdic- coast. tion. There is jurisdiction if the ship be within three miles of the Scottish coast (3), or be within a Scottish port or harbour or navigable river, or anchoring ground, whatever be the ship's or accused's nationality (4). But in the case of offences on the high Offence comseas, or in foreign ports or harbours, the courts of seas. Scotland have jurisdiction only if the vessel was a British ship; and where the offence is committed in a British subject foreign port or harbour, it is further necessary that the foreign waters. offender be a British subject. This matter is now regulated by statute (5). The Coining Statute gives Statutory jurisjurisdiction to the Scottish Courts to try all coining offences committed at sea, in ships registered at Scottish ports, or ships touching at any Scottish port (6). 1 The following may be referred to as examples; 5 Geo. IV. c. 84, § 22 (being at large before expiry of sentence). See Jas. Martin, H.C., Nov. 16th 1835; 1 Swin. 1 and Bell's Notes 105.-4 Geo. IV. c. 34, § 3 (desertion of service). See Clark v. M Naught, H.C., March 9th 1846; Ark. 33.-11 Geo. IV. c. 54 (Tweed Fisheries Act).-7 Will. IV. and 1 Vict. c. 36, § 37 (Post-Office Act). 2 Hume i. 480. 3 It was laid down in the House of Lords as undoubted law that the rights and jurisdiction of a nation extend to a distance of three miles from the shore, in the case of Gammell v. Commissioners of Woods and Forrests, March 3d, 4th, 7th, 8th, 10th, and 28th 1859; 3 Macqueen 419 (Lord Wensleydale's judgment). -See also Will. M'Alister, and 4 Lewis v. Blair, H.C., Feb. 5 Act 18 and 19 Vict. c. 91 § 21. This enactment precludes any such question being raised as was attempted in Jas. Dalziel, Dumfries, April 8th 1842; 1 Broun 217. It also abrogates the law that offences on the high seas can only be taken cognisance of in the High Court of Justiciary. See Will. M'Alister and others, H.C., Nov. 20th 1837; 1 Swin. 587. 6 Act 24 and 25 Vict., c. 99, § 36. mitted on high in British ship in diction. PARTICULAR COURTS. CIARY. JURISDICTION OF In speaking of the jurisdiction of particular courts, courts of radical jurisdiction will alone be noticed at present. Courts of Review will be noticed later. The COURT OF JUSTI- Supreme Criminal Court is the Court of Justiciary (1), consisting of seven (2) Lords Commissioners of Justiciary, of whom the Lord Justice General is president. The Lord Justice Clerk is the next in seniority, and the others take precedence according to the dates of their commissions (3). Constitution. Extent of jurisdiction. Inherent power to try new offences. The Court of Justiciary has jurisdiction over all crimes committed in Scotland or at sea (4). If a statute create a new offence, but fix no court for the trial of it, the Court of Justiciary by its inherent power to take cognisance of crime, has jurisdiction to try cases under it (5). Its jurisdiction is excluded only where by statute a particular court is named for Jurisdiction not trial of offences under it. But although jurisdiction excluded by jurisdiction being conferred on inferior courts. But may be excluded by implication. be given to another court than the Court of Justiciary, 1 Act 1672, c. 16. 2 Act 1672, c. 16. 3 This is the practice now. The rule seems formerly to have been different.-Hume ii. 18. 4 Hume ii. 31.-Alison ii. 1.In the Lord Justice Clerk Hope's MS. notes to Hume the following occurs-" In considering the ques"tion as to the extent of the juris"diction of the Justiciary, the "general character of the Act 1672 C. 16 must be considered. The "punishment of crimes bears to be "the object of the Act, and there "fore is the measure of the juris"diction of the Court. It extends "to all criminal causes." 5 Hume ii. 40 and cases of Caithness and Bisset and Brown and M'Nab there.-Alison ii. 9, 10, 11. 6 Hume ii. 37, 38, 39, and cases of Anderson and others: Hog and Bryson and Vert and others there. -Alison ii. 8 to 10.-Jas. Affleck and Jas. Rodgers, Jedburgh, April 6th 1842; 1. Broun 207 and Bell's Notes 147.-Rob. Millar, March 15th 1843; Bell's Notes 147. CIARY. charged with a third offence should be tried in the COURT OF JUSTISupreme Court, it was held that the jurisdiction of the Supreme Court was excluded as regarded first and second offences (1). not Jurisdiction to try every plainly the criminal act, The jurisdiction of the Court of Justiciary is limited to crimes which are already established by common law and to special statutory crimes. It has an inherent jurisdiction to punish all acts which are plainly criminal, although previously unknown, and not within any statute (2). though novel. jurisdiction in The Court of Justiciary is the only competent Court Has privative in cases of treason, murder, robbery, rape, fire-raising, certain cases, deforcement of messengers, breach of duty by magistrates, and in all cases in which by statute a higher punishment than imprisonment is directed to be inflicted (3). The Court of Justiciary holds Courts in Edinburgh Executive divi sion into High and Circuit Courts in certain towns aftermentioned. The and Circuit. Court when sitting in Edinburgh is styled the High Court High Court. 1 Rob. Rowet, Ayr, April 27th 1843: 1 Broun 540.-Matthew Robinson or Robertson, Dumfries, April 27th 1844; 2 Broun 176.-David Bell, April 25th 1850; J. Shaw 348. Geo. Duncan, H.C., Feb. 29th 1864; 4 Irv. 474 and 36 S.J. 404. 2 Hume i. 12.-Bernard Greenhuff and others, H.C., Dec. 19th 1838; 2 Swin. 236 and Bell's Notes 172, 174.-See also Jas. Taylor and others, H.C., March 21st 1808; Burnett, Appendix No. 10, and Hutchison, vol. 4, Appendix iii., No. 16.-Hume i. 495, cases of Chalmers and others: and Mackimmie and others there.-i. 496, cases of Ferrier: Wilson and Ross there, and Wilson and Banks in note i.-There are also later cases which illustrate this doctrine, e.g., Will. Fraser, H.C., June 21st and July 12th 1847; Ark. 280 and 329, and Chas. Sweenie, June 18th 1858; 3 Irv. 109 and 31 S.J. 24, in both of CIARY. Quorum. ral jurisdiction. diction in Lo thians, Orkney, and Shetland. COURT OF JUSTI- of Justiciary. One judge can try cases, but in difficult or important cases, two or more may sit (1). The jurisHigh Court gene- diction of the High Court is universal, so that cases occurring within the jurisdiction of any Circuit may Exclusive juris- be tried before the High Court. It has also exclusive jurisdiction in the three Lothians and in Orkney and Shetland, in cases which must be tried in the Court of Justiciary, these places not being within any Circuit. Where points of difficulty arise as to relevancy, or as to the effect of verdicts, or the proper sentences to be pronounced, it is usual for the judge or judges to certify the case for the opinion of the whole Court, in which case the seven judges, or as many as can attend, meet and dispose of the matter. The presiding judge in the High Court has no vote, except where the other members of the Court are equally divided (2). Points of diff culty remitted to whole Court, Circuit twice a year, and three times in Glasgow. Circuits are held twice in each year, in spring between 20th March and 12th May (3), and in autumn in September and October, and at Glasgow there is a third Circuit in the end of December or beginning of Dates of Circuits. January (4). The day of the meeting of each Circuit Court is determined by an Act of Adjournal passed for the Spring Circuit between 1st and 20th March, and for the Autumn Circuit between 1st and 20th August (5), and for the Glasgow Winter Circuit before 20th November (6). The Act of Adjournal determines which judges are to discharge the duties of the Circuits respectively, but if necessary, the judges may act on other Circuits than those for which they are ap Other judges than those appointed for Circuit may do the duty. 1 Acts 31 and 32 Vict. c. 95, § 1. 2 See observation by Lord Neaves in Jas. Stewart, Ayr, Sept. 11th 1868; 5 Irv. 310 and 2 S.L.R., 276. 3 Act 30 Geo. III. c. 17, § 3.-As the Court of Session now sits till the 20th of March, the period for the Spring Circuit must be held to commence from that date, and it is further enacted by 11 Geo. IV. and 4 Act 9 Geo. IV. c. 29, § 1. CIARY. Two judges for one may sit May sit in sepa pointed (1). Two judges usually go on each Circuit, COURT OF JUSTIbut one judge may competently conduct the business (2). The two judges may sit in separate courts simul- each Circuit, but taneously, for the more rapid dispatch of business (3). alone. One of the judges at a Circuit Court may proceed to rate Courts. another Circuit town and open the Court there, though the sitting in the other Circuit Court be not completed (4). The Sovereign may, by order in council, direct may add to, disadditional courts to be held in any Circuit town, or alter Circuits. dispense with Circuit Courts held under an order in council (5), or form new Circuits and alter limits of Circuits (6). The following is the present arrangement of the Circuits : : Queen in Council continue, or GLASGOW :-Shires of Lanark, Dumbarton, Renfrew. INVERARY:-Shires of Argyll, Bute. West. NORTH. PERTH-Shires of Perth, Fife. DUNDEE :-Shire of Forfar. ABERDEEN:-Shires of Aberdeen, Banff, Kincardine. AYR:-Shire of Ayr. SOUTH. DUMFRIES:-Shire of Dumfries, Stewartry of Kirkcudbright, Shire of Wigton. JEDBURGH :-Shires of Roxburgh, Berwick, Selkirk, Peebles. 1 Act 9 Geo. IV. c. 29, § 2. 2 Act 20 Geo. II. c. 43, § 32.-See also 11 Geo. IV. and 1 Will. IV. c. 69, § 19, by which the Lord Justice General may preside on Circuit. § 2. 3 Act 31 and 32 Vict. c. 95, 4 Act 31 and 32 Vict. c. 95, § 2. 5 Act 9 Geo. IV. c. 29, § 3. 6 Act 27 Vict. c. 30, § 1. North. South. |