# Criminal Procedure (Scotland) Act 1995, Section 6: JP courts: constitution and prosecutor.

Extent: S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The jurisdiction and powers of the JP court shall be exercisable by a summary sheriff or by one or more justices, and no decision of the court shall be questioned on the ground that it was not constituted as required by this subsection unless objection was taken on that ground by or on behalf of a party to the proceedings not later than the time when the proceedings or the alleged irregularity began.
(3) All prosecutions in a JP court shall proceed at the instance of the procurator fiscal.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The authority of the procurator fiscal to prosecute in JP courts is without prejudice to the authority of any other person to take proceedings there in pursuance of section 43 (prosecutions and penalties) of the Education (Scotland) Act 1980 (c. 44).
(6) In this section, “justice” means a justice of the peace.

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Source: https://www.legislation.gov.uk/ukpga/1995/46/part/I/chapter/1/crossheading/district-courts/section/6 (the official version)
Page: https://openlegislation.uk/criminal-procedure-scotland-act-1995/part-I/chapter-1/crossheading-district-courts/section-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.