Justices of the Peace
The justices of the peace (JPs) first came into existence in Scotland in 1587.[1] Later acts of 1609 and 1661 dealt with the powers and functions of the office.[2] JPs did not become an important administrative force until the 18th century. The Act of Union in 1707 led to an attempt at extending the powers enjoyed by the English justices of the peace to Scotland.[3] JPs had civil and criminal jurisdiction, wide-ranging but generally dealing with less serious civil business or minor offences. The criminal jurisdiction was mostly confined to preservation of the public peace, in which cases would be treated summarily.
The justices of the peace were originally appointed by the king and his council, and officeholders were mostly drawn from major families, although no particular qualification in rank or property was required. From 1707 JPs were appointed by the Lord Chancellor of Great Britain usually with advice from the local landowners and MPs. In 1955 this power was transferred to the Secretary of State for Scotland.[4] Landowners continued to be heavily represented as a group amongst JPs. The whole of the JPs in a county made up the commission of the peace. JPs sat at four different types of session: general, petty, special and quarter sessions. Quarter sessions were meetings of all justices in the county, occurring four times a year on specific dates to hear cases and make administrative decisions. From 1741 these meetings were to be held in the head burgh of the county. Petty sessions were held as required during the year. General sessions were adjourned quarter sessions, and special sessions were quarter session meetings but held for a specific piece of business.
Civil jurisdiction included the power to regulate the wages and conditions of servants and other rural workmen. The Small Debt Court was an important extension of their judicial role which permitted the suing for debts of only a few pounds.[5] General administrative business included oversight of weights and measures, roads, and carting regulations; and later JPs role extended to poor law administration (albeit limited) and vagrancy acts, theatre and friendly society licensing, and early factory safety legislation.
Licensing had been the remit of JPs from the start, but they only had the right to grant licences to sellers of ales and spirits, not the right to take them away. The Alehouses Licensing Act 1756 gave JPs more specific powers over licensing.[6] They were to hold an annual session to grant and renew licences outside royal burghs, which after 1765 were held regularly after the introduction of an annual inspection of licensing records by the government. Separate licensing court records are commonly found. The JPs also had a role in trying to suppress illicit whisky distilling. The Liquor Licensing (Scotland) Act 1828 gave the justices the power to divide counties into districts for the purposes of licensing.[7]
In the 19th century the justices of the peace functions tended to decline. The Local Government (Scotland) Act 1889 transferred many of their administrative powers to the new county councils including the regulation of weights and measures and gas meters, but left their licensing and judicial powers unchanged.[8] Their remaining administrative powers comprised licensing of certain tradesmen and proprietors such as pawnbrokers, game dealers and gunpowder retailers. Under the Licensing (Scotland) Act 1903 licensing courts were to be constituted, whose membership would (in counties) be partly JPs and partly elected councillors.[9]
The Children Act 1908 gave certain powers to JPs to deal in criminal cases of children under 16, in the new juvenile courts.[10] In 1932 JPs’ role in juvenile courts was further strengthened.[11] However, the role of JPs in criminal cases was removed in 1968 when the children’s hearing system replaced juvenile courts and only the High Court had jurisdiction over the prosecution of a child. [12] Through the same set of legislation, JPs were given a role in protecting vulnerable children and from 1968 JPs remained able to authorise the removal of a child to a place of safety.
Justice of the Peace courts were abolished on 16 May 1975 and replaced by district courts with wider powers, in which JPs sat, with a legally qualified clerk to provide advice.[13] The district courts were based on local authority areas and financed by the relevant local authority, the district council and the island council. In 2008 the district courts were abolished and replaced by new Justice of the Peace courts administered by the Scottish Courts and Tribunals Service.[14] Within these courts, JPs are empowered to hear petty offences, impose custodial sentences of up to 60 days, disqualify from driving and impose other limited sentences and fines.
Justice of the Peace records are the responsibility of the National Records of Scotland (NRS)(reference code JP). Several local authority archives services hold JP records under a charge of superintendence agreement from NRS and current details of this can be found in the NRS catalogue.
Compilers: SCAN contributors (2000). Editor: Elspeth Reid (2021)
Bibliography
Findlay, Johan, All Manner of People: The History of the Justices of the Peace in Scotland (Saltire Society, 2000)
Walker, James, Justice of the Peace Being A Manual for the Use of Justices of the Peace in Scotland (Hodge, 1931)
Whetstone, Ann E, Scottish County Government: in the eighteenth and nineteenth centuries (John Donald, 1981)
References
[1] For the furtherance and setting forth of the criminal justice over all the realm, 1587. The Records of the Parliaments of Scotland to 1707, [RPS] ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1587/7/67 <http://www.rps.ac.uk/trans/1587/7/67> [accessed 12 August 2021].
[2] Act regarding the commissioners and justices of peace,1609. RPS 1609/4/26 <http://www.rps.ac.uk/trans/1609/4/26>; Commission and instructions to the justices of peace and constables, 1661. RPS 1661/41/23 <http://www.rps.ac.uk/trans/1661/1/423> [both accessed 12 August 2020].
[3] Act for rendering the Union of the Two Kingdoms more entire and complete, 1707 (6 Anne c.6).
[4] Transfer of Functions (Justices of the Peace) (Scotland) Order, 1955, no. 240.
[5] Small Debts (Scotland) Act 1795 (35 Geo. III c.123).
[6] Alehouses Licensing Act 1756 (29 Geo. II c.12).
[7] Liquor Licensing (Scotland) Act 1828 (9 Geo. IV c.58).
[8] Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50).
[9] Licensing (Scotland) Act 1903 (3 Edw. VII c.25).
[10] Children Act 1908 (8 Edw. VII c.67).
[11] Children and Young Persons (Scotland) Act 1932 (22 & 23 Geo. V c.47).
[12] Social Work (Scotland) Act 1968 (c.49).
[13] District Courts (Scotland) Act 1975 (c.20).
[14] Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp.6).