The Differences between the English and Welsh Legal System and the Scottish Legal System

The English and Welsh Legal Systems are the same however the Scottish legal system is different and has separate institutions. English and Welsh solicitors may practice in Scotland but are considered overseas solicitors and have to follow Scottish law. Scottish solicitors are regulated and represented by The Law Society of Scotland.

In Scotland the Scottish Parliament can legislate in areas of domestic policy.

The Scottish principal law officer is the Lord Advocate.

The Scottish legal system is divided into the two distinct areas of criminal¹ and civil² cases.

Sheriffs are usually qualified advocates or solicitors who are in each main town. They can hear civil cases and with a jury a criminal case. Each of the six sheriffdoms has a Principal Sheriff who hears appeals.

Minor criminal cases can be heard by a Lay Justice of the Peace³ in a District Court.

A Judge and Jury hear serious criminal cases in the High Court of Justiciary formed by the Lord Justice General (who is also the Lord President),the Lord Justice Clerk, and the Lords Commissioners of Justiciary. It should be noted that in criminal cases in Scotland the House of Lords, in the Palace of Westminster, has no jurisdiction. The High Court sits in Edinburgh and on circuit.

In Civil cases in Scotland the principle court is the Court of Session that only sits in Parliament House in Edinburgh. The Court of Session is divided into an Inner and Outer House. The Inner House is again divided into the first division which is lead by the Lord President and the second division lead by the Lord Justice Clerk. The Outer House has only single Judges or Lords of session also styled Senators of the College of Justice.

The highest court of appeal in Scotland for civil cases is the House of Lords.