JUSTICIARY, HIGH COURT OF

This article appears in Volume V15, Page 595 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: JUN-KHA

JUSTICIARY, HIGH COURT OF , in

Scotland

, the supreme criminal court, consisting of five of the lords of session together with the lord justice-general and the lord justice-clerk as president and vice-president respectively. The constitution of the court is settled by the Act 1672 c. 16. The lords of

justiciary

JUSTICIARY, HIGH COURT OF

hold circuits regularly twice a year according to the ancient practice, which, however, had been allowed to fall into disuse until revived in 1748. For circuit purposes

Scotland

is divided into northern, southern and western districts (see CIRCUIT). Two judges generally go on a circuit, and in Glasgow they are by

special

SPECIAL

statute

STATUTE

authorized to sit in

separate

SEPARATE

courts. By the Criminal Procedure (Scotland) Act 1887 all the senators of the college of justice are lords commissioners of

justiciary

JUSTICIARY, HIGH COURT OF

. The high court, sitting in Edinburgh, has, in addition to its general jurisdiction, an exclusive jurisdiction for districts not within the jurisdiction of the circuitsthe three Lothians, and Orkney and

Shetland

SHETLAND, or ZETLAND

. The high court also takes up points of difficulty arising before the

special

SPECIAL

courts, like the court for crown cases reserved in England. The court of justiciary has authority to try all crimes, unless when its jurisdiction has been excluded by special enactment of the legislature. It is also stated to have an inherent jurisdiction to punish all criminal acts, even if they have never before been treated as crimes. Its judgments are believed to be not subject to any appeal or

review

REVIEW (Fr. revue, from revoir, to see again, Lat. re and videre)

, but it may be doubted whether an appeal on a point of law would not lie to the

house

HOUSE
HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in
Gothic
- GOTHIC
it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

of lords. The following crimes must be prosecuted in the court of justiciary: treason, murder, robbery, rape, fire-raising, deforcement of messengers, breach of duty by magistrates, and all offences for which a statutory

punishment

PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

higher than imprisonment is imposed.

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