How do I find the trial records and other records of someone transported to Australia or New Zealand?
The National Records of Scotland (NRS) will, in most cases, hold records of the trial of a Scottish transportee, but you may be able to augment these with details of the voyage from records held by The National Archives in London, and newspaper reports of the trial. Prior to visiting the NRS, or hiring a record agent to carry out research there, it is best to assemble as much information as possible about the person you are researching (particularly when he or she arrived in Australia or New Zealand and which part of Scotland he or she came from) and to read the sections dealing with transportation and criminals in Tracing Your Scottish Ancestors 7th edition (Birlinn, 2020). To locate and read through the court and prison records, described below, for one individual case, will require more than one day’s work in the historical search room at the NRS. Separate visits may be required to The National Archives in London.
If your ancestor was transported from Scotland in the period 1812 to 1867, you may be able to see the prosecution papers in the case, in the form of the precognitions in the Lord Advocate’s records (AD) in the NRS. Hardly any survive for the period before 1812. Those for the period 1812-1900 (AD14) are listed under the name of the accused in the NRS online catalogue: <www.nrscotland.gov.uk/research/catalogues-and-indexes> [accessed 24 April 2024]. The records of the Advocate’s department also has a register of returns of pardoned or ticket of leave convicts committed on new charges (AD12/8). The High Court of Justiciary, the supreme criminal court in Scotland, passed sentences of transportation. For details of how to search through Justiciary Court records (JC) at the NRS, you should read the chapter on criminals in National Records of Scotland Tracing Your Scottish Ancestors 7th edition (Birlinn, 2020) and/or look at the research guides for court and legal records on the website. <www.nrscotland.gov.uk/research/research-guides/research-guides-a-z/court-and-legal-records> [accessed 24April 2024]. Personal details of the transportee should appear in the registers of the prison which served the court where the trial took place. Prison registers survive in the Home and Health Department records (HH) in the NRS. Most prison registers begin only from the 1840s. They include a register of convicts under sentence of transportation (HH21/5/16).
Ships carrying transported prisoners to Australia sailed from England, and Convict Transportation Registers survive among the Home Office records in The National Archives in London (HO 11). These cover the period from 1787 to 1871 and give the names of all the convicts who sailed on each ship along with the place and date of the conviction and the length of sentence. A microfilm copy is held by the NRS (RH4/160/7). The registers are arranged chronologically by the date of departure of each ship. The names of Scottish prisoners occur towards the end of each list. Two other classes of record in The National Archives in London contain information about transportees. A census of convicts 1788 – 1859 among the Home Office papers (HO10) lists convicts and their families in New South Wales and Tasmania. The census for 1828 is the most complete. A number of lists of convicts for the period 1801 – 1821 are among the New South Wales Original Correspondence (CO 201), and these are indexed.
Once you know which court the trial took place in, you should be able to find a report of the trial in a local newspaper for the period. To locate back copies of local newspapers for particular areas of Scotland consult:
British Newspaper Archive <https://www.britishnewspaperarchive.co.uk/> [accessed 24 April 2024] (available free of charge in the National Library of Scotland or with a subscription elsewhere)
Ferguson, J. P. S. Directory of Scottish Newspapers (National Library of Scotland, 1984).