Section 61 Efficient disposal of business in JP courtsF1C1
Scotland
The sheriff principal of each sheriffdom is responsible for securing the efficient disposal of business in JP courts in that sheriffdom.
In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.
If, in carrying out that responsibility, the sheriff principal gives a direction of an administrative character to a person mentioned in subsection (3), the person must comply with the direction.
Those persons are—
a justice of the peace, or F3summary sheriff, appointed for the sheriffdom,
a member of staff of the Scottish Court Service.
Subsections (1) and (2) are subject to section 2(2)(a) and (3) of the Judiciary and Courts (Scotland) Act 2008 (asp 6) (which make the Head of the Scottish Judiciary responsible for maintaining arrangements for securing the efficient disposal of business in the Scottish courts and require compliance with directions given in pursuance of that responsibility).
For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.
Annotations
Textual amendments
- F1
S. 61 substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 58(2), 76; S.S.I. 2010/39, art. 2, Sch.
- F2
S. 61(1A) inserted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 32(2)(a), 116(2); S.S.I. 2026/120, reg. 2, sch.
- F3
Words in s. 61(3)(a) substituted (1.4.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 40(2); S.S.I. 2016/13, art. 2, sch.
- F4
S. 61(5) inserted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 32(2)(b), 116(2); S.S.I. 2026/120, reg. 2, sch.
Modifications
- C1
S. 61 applied (26.2.2026) by 1995 c. 46, s. 7D(2) (as inserted by Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 (asp 14), ss. 9(3), 34(4); S.S.I. 2026/85, reg. 2(1)(2), sch.)