ABSTRACT
Social work in Scotland is governed by a separate legal regime of courts and procedures. Much influenced by Roman law, the Scottish legal system maintains different courts. For example, at first instance in the criminal courts a District Court or Sheriff’s court replaces the English/Welsh magistrates’ and Crown courts. As for civil matters, a sheriff’s court replaces the Welsh/English counterpart – the county court. Whilst Scotland has its own appeal courts, either the Court of Session in civil matters, or the High Court of Justiciary in criminal proceedings, any further appeals lie to the House of Lords. The higher courts are based in Edinburgh. Consequently, the Scottish judiciary and legal profession are different to those in the Welsh/English jurisdiction. As are the prosecutors, who are known as ‘procurators’. As elsewhere, the rule of evidence remain complex and technical. Under the Legal Aid (Scotland) Act 1986, the legal provisions are almost as identical as those in both England and Wales. Having established the basic differences between the systems, readers ought to be aware that such differences also cause some distinctions in certain legal provisions, relating to children and their hearings and in some other social care areas. Thus, is it good practice, as it is in the English and Welsh jurisdiction, for Scottish practitioners to consult each piece of relevant legislation carefully. As a consequence of having a separate legal system Scotland also has its own legislation for social services. For instance, see the Social Work (Scotland) Act 1968, the Mental Health (Scotland) Act 1984, the Local Government (Scotland) Act 1994, the Criminal Justice (Scotland) Act 1995, and the Children (Scotland) Act 1995. As for Northern Ireland, the courts system is the same as in England and Wales, except Northern Ireland has its own Appeal court from which appeal again lies to the House of Lords. Irrespective of these departures from the English/Welsh legal traditions, Community law supersedes their respective domestic laws, as it does in both England and Wales.
