DOUGLAS WILLIAM GIBBS v. PROCURATOR FISCAL, LINLITHGOW [1999] ScotHC 247 (4th December, 1999)

DOUGLAS WILLIAM GIBBS v. PROCURATOR FISCAL, LINLITHGOW [1999] ScotHC 247 (4th December, 1999)

Section 11(2)(c) of the Sheriff Courts (Scotland) Act 1971 is sufficiently broad to permit the Secretary of State to appoint temporary sheriffs on long-term commissions, provided the appointments are made to avoid delay in the administration of justice and are not used to supplant permanent sheriffs as a matter of...

Source-derived case information.

Citation
[1999] ScotHC 247
Parties
Appellant: Douglas William Gibbs; Respondent: Procurator Fiscal, Linlithgow
Jurisdiction
Scotland
Procedural Posture
Note of Appeal to the Competency and Relevancy / Appeal
Outcome
Appeal refused
Legal Topics
Appointment of Temporary Sheriffs, Statutory Interpretation, Ultra Vires, Judicial Independence
Administrative Law Criminal Law Judicial Review Appointment of Temporary Sheriffs Statutory Interpretation Ultra Vires Judicial Independence

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Parties

Douglas William Gibbs

Appellant

Procurator Fiscal, Linlithgow

Respondent

Procedural Posture

Note of Appeal to the Competency and Relevancy / Appeal

Legal Issues

  1. 1 Whether the appointment of temporary sheriffs under section 11(2)(c) of the Sheriff Courts (Scotland) Act 1971 was ultra vires the Secretary of State
  2. 2 Whether the use of temporary sheriffs on long-term commissions is lawful under the Act

Ratio Decidendi

Section 11(2)(c) of the Sheriff Courts (Scotland) Act 1971 is sufficiently broad to permit the Secretary of State to appoint temporary sheriffs on long-term commissions, provided the appointments are made to avoid delay in the administration of justice and are not used to supplant permanent sheriffs as a matter of policy. The Secretary of State acted intra vires in the present case, as the system required justification for each use of a temporary sheriff and was not intended to replace permanent sheriffs.

Court Disposition

Appeal refused