A sheriff officer is an officer of the Scottish

sheriff court A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and ra ...

, responsible for serving documents and enforcing

court order A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying o ...

s. Messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by

Act of Sederunt An Act of Sederunt ( ; meaning a meeting or sitting of a court) is secondary legislation made by the Court of Session, the supreme civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Or ...

. The

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

of a sheriff officer is limited to the area of their commission (the relevant

sheriffdom A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a r ...

or Sheriff Court district), unlike messengers-at-arms (the equivalent officers of the

Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...

, who have jurisdiction throughout Scotland). Sheriff officers have been under the control of the local

Sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...

for centuries. The office of sheriff officer is thought to be one of the oldest in the

Scottish legal system Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Iri ...

, and may derive from the pre-feudal office of mair (an official who attended a sheriff for arrestment or executions). Section 60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 would have abolished the offices of messenger-at-arms and sheriff officer and replaced them by a new office of "judicial officer". Judicial officers would have held a commission from the

Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General () is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. ...

under section 57 of the Act, granted on the recommendation of a Scottish Civil Enforcement Commission. However, on 30 January 2008 the Scottish Government announced as part of a package of public service reform that the Scottish Civil Enforcement Commission would not be established and that its functions would be discharged by existing organisations. The provisions of the 2007 Act were not brought into force, and are to be repealed by the

Public Services Reform (Scotland) Act 2010 The Public Services Reform (Scotland) Act 2010 was an Act of the Scottish Parliament making changes to the organisation of public services in Scotland. Among other provisions, it set up the development body for the arts and creative industries Crea ...

. In November 2010, the Scottish Government issued a consultation on the designation of a professional organisation for officers of court.

References

External links

Sheriff officer powers when they visit your home or business
at mygov.scot
Society of messengers-at-arms and sheriff officersBankruptcy and Diligence etc. (Scotland) Act 2007
{{DEFAULTSORT:Sheriff Officer Scots law general titles Law enforcement in Scotland Historical legal occupations Law enforcement occupations in the United Kingdom Courts of Scotland