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Criminal Proceedings etc. (Reform) (Scotland) Act 2007
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Changes over time for: Section 59
Version Superseded: 01/04/2015
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- 10/12/2007- Amendment
- 01/04/2010- Amendment
- 01/04/2010
Point in time - 01/04/2015- Amendment
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59Establishing JP courtsS
This section has no associated Explanatory Notes
(1)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Scottish Ministers may by order establish courts of summary criminal jurisdiction to be known as justice of the peace courts.
(3)JP courts are to be established by reference to a particular sheriff court district.
(4)There is to be at least one JP court located in every sheriff court district except where, in relation to a district, the [F2Lord President of the Court of Session determines] that a JP court is not necessary.
(5)In determining for the purposes of subsection (4) whether a JP court is necessary, the [F3Lord President] must have regard to—
(a)the amount of summary criminal court business in the district, and
(b)the capacity of—
(i)other JP courts in the same sheriffdom,
(ii)the sheriff courts in that sheriffdom.
(6)The Scottish Ministers may by order provide for—
(a)the relocation of a JP court,
(b)the disestablishment of a JP court.
[F4(7)The Scottish Ministers may make an order under subsection (2) or (6) only with the consent of—
(a)the Lord President, and
(b)the Scottish Court Service.
(7A)Before consenting to the making of such an order—
(a)the Lord President must consult the sheriff principal for the sheriffdom in which the JP court is, or is to be, located, and
(b)the Scottish Court Service must consult such persons as it considers appropriate.]
(8)This section—
(a)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)does not affect the operation of the sheriff court.
(9)In this Part—
a “district court”is a court of that name established under the 1975 Act,
a “JP court”is a justice of the peace court,
a “JP”is a justice of the peace.
Textual Amendments
F1S. 59(1) repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(2)(a), 76; S.S.I. 2010/39, art. 2, Sch.
F2Words in s. 59(4) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(2)(b), 76; S.S.I. 2010/39, art. 2, Sch.
F3Words in s. 59(5) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(2)(c), 76; S.S.I. 2010/39, art. 2, Sch.
F4S. 59(7)(7A) substituted (1.4.2010) for s. 59(7) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(2)(d), 76; S.S.I. 2010/39, art. 2, Sch.
F5S. 59(8)(a) and following word repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 73, 76, Sch. 5 para. 5(3)(a); S.S.I. 2010/39, art. 2, Sch.
Commencement Information
I1S. 59 wholly in force at 22.2.2010; s. 59 not in force at Royal Assent, see s. 84; s. 59 in force for certain purposes at 10.12.2007, 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009, 14.12.2009 and 22.2.2010 otherwise by S.S.I. 2007/479, art. 3, Sch.; S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3(1)(2), Sch. 1, Sch. 2
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