| Short Title: | Administration of Justice (Scotland) Act 1933 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Long Title: | An Act to amend the law of Scotland relating to the Court of Session and procedure therein, to the appointment of Officers in the said Court and the High Court of Justiciary, to criminal jury trials and to the Sheriffs and procedure in the Sheriff Court, and with regard to solicitors' fees ; and for purposes connected therewith. |
| Year: | 1933 |
| Citation: | 23 & 24 Geo. 5. c. 41 |
| Territorial Extent: | Scotland |
| Royal Assent: | 28 July 1933 |
| Status: | current |
| Use New Uk-Leg: | yes |
The Administration of Justice (Scotland) Act 1933 (23 & 24 Geo. 5. c. 41) is an act of the Parliament at Westminster legislating for Scotland which introduced changes in Scottish legal procedure "following the recommendations of a Royal Commission which reported in 1927".
The act was introduced following the Royal Commission on the Court of Session and the Office of Sheriff Principal.[1] [2]
The act abolished the ancient practice of a trial (or examination) of qualifications of a nominee for appointment as a judge of the Court of Session (s. 1). The Bill Chamber was abolished (s. 3) and an additional division of the Inner House was created (s. 2). It provided new arrangements for the sittings of judges (granting them a power to extend a session if required) and for the work of the vacation judge (s. 4).[1]
Provisions were made for the appointment of officers of the High Court of Justiciary and the Court of Session and their superannuation arrangements.[1]
The act ended the right of parties to choose the judge (Lord Ordinary) or Division for the hearing of their causes or appeals (s. 5). It simplified the form of proceedings (ss. 6-9) and created a procedure to allow summary trial (by a judge without a jury) (s. 10).[1]
A procedure for a simple majority verdict by a jury was introduced (majority verdicts had long been available to criminal juries in Scotland).[3] Provision for made for situations where a juror died or became unfit to continue serving (s. 11).
A Rules Council for the Court of Session and another for the Sheriff Courts were established fashioned on the Rule Committee of the Supreme Court in England. They were given a power to draft rules regarding any matters about which Acts of Sederunt may be made. These were then to be submitted to the Court which might enact them (with or without amendment) in an Act of Sederunt. An express power was granted so that, as "in the similar provision for rules of court in England, an Act of Sederunt may "modify, amend or repeal any enactments, including enactments contained in this Act," relating to procedure."[1]
Both Scottish Rules Councils included representatives of the judiciary and the two branches of the legal profession (advocates and solicitors); and the Lord President of the Court of Session was made an ex officio member of both Councils.[1]
The statutory power to make Acts of Sederunt granted in sections 16 and 17 of the Act was consolidated and replaced by sections 5 and 6 of the Court of Session Act 1988 (UK).[4]