Misplaced Pages

#597402

45-548: Sheriff is a political or legal office, varying greatly between countries. Sheriff or Sherriff may also refer to: Sheriff In British English , the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of

90-408: A summary proceeding I mean principally such as is directed by several acts of parliament (for the common law is a stranger to it, unless in the case of contempts) for the conviction of offenders, and the inflicting of certain penalties created by those acts of parliament. In these there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only, as

135-455: A US sheriff, consisting of the duties of civilian as well as criminal peace officers. The lensmann was directly subordinate to the fylkesmann (county governor) until 1994, when the office became subordinate to the local chief of police ( politimester ). In 2000, a lot of civilian duties were transferred to the regular police ( politi ), and much of the difference between the politi and lensmann disappeared. The office

180-457: A fine of $ 5,000 or both. As a matter of practical effect, some common differences between summary conviction and indictable offences are provided below. In Hong Kong, trials for summary offences are heard in one of the territory's Magistrates' Courts , unless the defendant is accused with other indictable offence (s). Typical examples for summary offences in Hong Kong include possession of

225-610: A jury trial. Some states, such as California , provide that all defendants are entitled to a jury trial (irrespective of the nature of their offenses). In any case, for summary criminal offenses in the United States, convictions can still show as such on a criminal record. Contempt of court is considered a prerogative of the court, as "the requirement of a jury does not apply to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in

270-430: A jury". These can include criminal and civil citations, where a person may be charged with a criminal or non-criminal infraction without the need of a physical arrest, such as in cases of non-violent fineable violations, crimes that carry little incarceration time, or non-criminal acts such as speeding. Any crime that is punishable by the controlling law for more than six months of imprisonment must have some means for

315-577: A review of the role of sheriffs in state work. Under section 12(5) of the Court Officers Act 1945, an appointee for sheriff must be either: Among cities in India , only Mumbai (Bombay), Kolkata (Calcutta) and Chennai (Madras), the three former British presidencies, have had sheriffs. First established in the 18th century based on the English high sheriffs, they were the executive arm of

360-474: A sheriff may be restricted to civil procedure enforcement duties, while in other counties, the sheriff may serve as the principal police force and have jurisdiction over all of the county's municipalities , including those that maintain their own municipal police departments. A sheriff often administers the county jails and is responsible for court security functions within their jurisdiction. The office of sheriff as county official in colonial North America

405-609: A sheriff sitting in summary proceedings. In the Republic of Ireland, a sheriff ( Irish : sirriam ) is appointed under section 12(3) of the Court Officers Act 1945, to perform some of the functions that would otherwise be performed by the county registrar . In practice, two types of sheriff have been appointed: Four sheriffs (one each for Dublin city , County Dublin , Cork city , and County Cork ) are full-time public officials whose responsibilities are: Fourteen sheriffs, colloquially called "Revenue sheriffs", have only

450-427: A sheriff varies greatly from country to country. The Old English term designated a royal official, a reeve, responsible for managing a shire or county on behalf of the king. The term is a contraction of " shire reeve " ( Old English scīrgerefa ). The sheriff had a series of duties that included keeping the peace and providing men at arms to support the king in times of strife. Another important duty

495-651: A sheriffs service. In most of Canada, sheriffs are almost exclusively concerned with courtroom security, post-arrest offender transfer, the serving of legal processes, and the execution of civil judgments. Regardless of their exact duties, sheriffs, sheriff's deputies, and sheriffs officers are considered under "peace officers" in the Criminal Code . The Alberta Sheriffs Branch is responsible for courtroom and legislative security, offender transport, commercial vehicle safety and enforcement, and fish and wildlife enforcement. In addition to this uniquely broad mandate,

SECTION 10

#1732802066598

540-488: A simulated bomb , drunkenness, taking photographs in courts, careless driving and pretending to be a public officer . Under New Zealand law , summary offences are covered by the Summary Offences Act 1981, and include offences that resemble forgery , fraud , nuisance , as well as offences against public order. It also covers some aspects of search , arrest and jurisdiction , as well as regulating

585-400: A summary conviction. A "summary offence" is one which, if charged to an adult, can only be tried by summary procedure. Similar procedures are also used in Scotland. Certain offences that may be tried in a Crown Court (by jury) may be required to be tried summarily if the value involved is small; such offences are still considered either way offences , so are not thereby "summary offences" in

630-552: Is 12 months imprisonment , or a fine of up to £10,000. In solemn proceedings the maximum sentence is 5 years imprisonment, or an unlimited fine. Sheriffs also preside over fatal accident inquiries which are convened to examine the circumstances around sudden or suspicious deaths, including those who die in the course of employment, in custody , or in secure accommodation. Summary sheriffs hear civil cases brought under Simple Procedure and criminal cases brought under summary proceedings. Their sentencing powers are identical to

675-417: Is now called politistasjonssjef (police station chief), or in some places politiavdelingssjef (police unit chief). Because the police has taken over most typical 'sheriffs' duties from the year 2000 onwards, there is no longer a difference between the former rank of a "sheriff's deputy" ( lensmannsbetjent ) and that of a regular police officer ( politibetjent ). The lensmann has been elected by

720-515: Is recorded from the 1640s. In the modern United States, the scope of a sheriff varies across states and counties (which in Louisiana are called "parishes" and in Alaska "boroughs"). In South Africa, the sheriffs are officers of the court and function as the executive arm of the court. They are responsible for serving court processes like summonses and subpoenas. They play an important role in

765-564: Is responsible for courtroom security and offender transport. The issuance of court orders is the responsibility of court bailiffs. These services are contracted out to private civil law enforcement firms. The Office of the High Sheriff of Newfoundland and Labrador provides protection and enforcement duties in support of the provincial, supreme, and appeal courts in the province. The sheriffs also assists local law enforcement agencies with additional resources to ensure public safety under

810-547: Is the responsibility of armed provincial special constables , while offender transport is the responsibility of the province's correction service. The sheriff is most often an elected county official who serves as the chief civilian law enforcement officer of their jurisdiction. The sheriff enforces court orders and mandates and may perform duties such as evictions , seizing property and assets pursuant to court orders, and serving warrants and legal papers . In some counties where urban areas have their own police departments ,

855-948: The Icelandic Commonwealth and the Kingdom of Norway . The agreement which was ratified between 1262 and 1264 makes the post of sheriff the oldest secular position of government still operating in Iceland. Summary offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence ). In Canada , summary offences are referred to as summary conviction offences . As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in

900-709: The Sheriff Appeal Court ; hearing appeals against sentencing and conviction from summary trials in the sheriff courts and justice of the peace courts . The additional duties of a sheriff principal include being Commissioners of the Northern Lighthouse Board (which is the general lighthouse authority for Scotland), and chairing local criminal justice boards which bring together local representatives of procurator fiscal , Police Scotland and Community Justice Scotland , and Scottish Courts and Tribunals Service . Sheriffs deal with

945-707: The United Kingdom , trials for summary offences are heard in one of a number of types of lower court. For England and Wales this is the Magistrates' Court . In Scotland , it is the Sheriff Court or Justice of the peace court , depending on the offence (the latter being primarily for the most minor of offences). Northern Ireland has its own Magistrates' Court system . In United States federal and state law , "there are certain minor or petty offenses that may be proceeded against summarily, and without

SECTION 20

#1732802066598

990-431: The municipal council since the year 1293 , but was nominated by the sysselmann , the appointed governor. In Iceland , sýslumenn (singular sýslumaður , translated "sheriff") are administrators of the state , holders of the executive power in their jurisdiction and heads of their Sheriff's Office. Sheriffs are in charge of certain legal matters that typically involve registration of some sort and executing

1035-629: The 1922 creation of the Irish Free State , Irish law regarding sheriffs mirrored that of England, latterly with each administrative county and county borough having a ceremonial high sheriff and functional under-sheriffs responsible for enforcing court orders of the county court or quarter sessions . The Courts of Justice Act 1924 replaced these courts with a new circuit court. The Court Officers Act 1926 formally abolished high sheriffs and phased out under-sheriffs by providing that, as each retired, his functions would be transferred to

1080-585: The Branch operates a highway patrol, which supplements local and RCMP policing on provincial highways. In 2019, sheriffs began to respond to 9-1-1 calls in rural areas to assist the RCMP and local police services in responding to rural crime concerns. In 2023, the province piloted a program that saw sheriffs patrol alongside municipal police officers in Calgary and Edmonton . The British Columbia Sheriff Service

1125-488: The county registrar, established by the 1926 act as an officer of the circuit court. When the Dublin city under-sheriff retired in 1945, the city registrar was too overworked with other responsibilities to take over his duties, so the Court Officers Act 1945 was passed to allow a new office of sheriff to take over some or all of the under-sheriff's functions. The four Dublin and Cork sheriffs were soon appointed, with much of

1170-487: The court, such as in jury selection, debt collection and evictions. Courtroom security and offender transport services are provided by local police services or, where none exists, the Ontario Provincial Police . Sheriffs ( shérifs ) are responsible for the jury selection process. They handle court orders, orders, and writs while they are involved in seizure and sale of property. Court security

1215-692: The courts. Sheriffs execute process without attempting to determine their validity. A sheriff's office exists in most Australian states and territories , with various duties. Sheriffs in New Zealand are officers of the Superior Courts and function as the executive arm of these courts. The role of sheriff is automatically given to anyone who has gained the position of Registrar of the High Court. Every province and territory in Canada operates

1260-593: The execution of court orders like the attachments of immovable and movable property; evictions, demolitions etc. The Sheriffs Act 90 of 1986, which came into operation on 1 March 1990, governs the profession. A sheriff is appointed by the Minister for Justice and Constitutional Development in terms of Section 2 of the Act. In Norway until 2021 there was the office of lensmann , which in their mostly rural police districts had functions similar to those of

1305-419: The federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law ), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment,

1350-498: The interest earned on such monies and, to compensate, increasing their retainer . Through to the 1990s the sheriff's post was in the gift of the minister for justice , but by the 2010s it was advertised by the Public Appointments Service . A 1988 Law Reform Commission report made recommendations for updating the 1926 law on sheriffs; as of 2023 few of these had been implemented, and the government began

1395-457: The judiciary, responsible for assembling jurors, bringing people to trial, supervising the gaoling (imprisonment) of prisoners and seizing and selling property. After the mid-19th century the responsibilities and powers of the role were reduced and the positions became ceremonial. The sheriffs of Mumbai and Kolkata still exist, although the post in Chennai was abolished in 1998. In present times

Sheriff (disambiguation) - Misplaced Pages Continue

1440-552: The legal system than most English knights, despite their lack of land. The term and duties were preserved in England even after the Norman Conquest . However, in England, Wales, and Northern Ireland, the role evolved over the centuries. In modern times the sheriff or high sheriff is a ceremonial county or city official. Some commercial organisations use the term to refer to High Court enforcement officers , who were known as sheriff's officers prior to 2004. In Scotland

1485-401: The majority of civil and criminal court cases in Scotland, with the power to preside in solemn proceedings with a jury of 15 for indictable offences and sitting alone in summary proceedings for summary offences . A sheriff must be legally qualified , and have been qualified as an advocate or solicitor for at least 10 years. The maximum sentencing power of sheriff in summary proceedings

1530-496: The meaning of that term defined by statute. Contrariwise, certain summary offences may in certain circumstances be tried on indictment along with other offences that are themselves indictable; they do not thereby become "indictable offences" or "either way offences" but remain "summary offences", though tried by jury. Sir William Blackstone , in his Commentaries on the Laws of England (1765–1769), described summary offences thus: By

1575-480: The orders of the court. The duties of the sheriffs differ slightly depending on their jurisdiction but they can be broadly categorised as: There are 24 sheriffs and sheriff jurisdictions in Iceland. The jurisdictions are not defined by the administrative divisions of Iceland but are mainly a mixture of counties and municipalities . The post of sheriff was mandated by the Old Covenant , an agreement between

1620-559: The provincial Emergency Preparedness Program. In Nova Scotia, the Nova Scotia Sheriff Services focuses on the safety and security of the judiciary, court staff, the public, and persons in custody. There are local sheriffs for every county in Nova Scotia, numbering over 200 in total. They work with up to 20,000 inmates and travel over 2 million kilometres in a year. Sheriffs are responsible for: court security;

1665-430: The sale of spray paint . In relation to England and Wales , the expression "summary trial" means a trial in the magistrates' court . In such proceedings there is no jury; the appointed judge, or a panel of three lay magistrates, decides the guilt or innocence of the accused. Each summary offence is specified by statute which describes the (usually minor) offence and the judge to hear it. A summary procedure can result in

1710-490: The sheriff has an apolitical, non-executive role, presides over various city-related functions and conferences and welcomes foreign guests. The post is second to the mayor in the protocol list. In the Philippines , a former colony of the United States, the office of sheriff also exists. The duties of a sheriff are to primarily serve all writs, execute all processes, and carry into effect all decisions and orders issued by

1755-421: The sheriff is a judicial office holder in the sheriff courts , and they are members of the judiciary of Scotland . The most senior sheriffs are the sheriffs principal , who have administrative as well as judicial authority in the six sheriffdoms , and are responsible for the effective running and administration of all the sheriff courts in their jurisdiction. Sheriffs principal also sit as appeal sheriffs in

1800-434: The statute has appointed for his judge. An institution designed professedly for the greater ease of the subject, by doing him speedy justice, and by not harassing the freeholders with frequent and troublesome attendances to try every minute offence. But it has of late been so far extended, as, if a check be not timely given, to threaten the disuse of our admirable and truly English trial by jury, unless only in capital cases. In

1845-592: The third of the preceding functions, the others being done by the county registrar's office. Revenue sheriffs are solicitors in private practice. Each covers a Bailiwick , which consist of one or more of the state's remaining counties . The Bailiwicks are grouped by counties as follows: Carlow and Kildare ; Cavan , Leitrim , Longford and Monaghan ; Clare and Limerick ; Donegal ; Galway ; Kerry ; Kilkenny and Waterford ; Laois , Offaly and Tipperary ; Louth , Meath and Westmeath ; Mayo ; Roscommon and Sligo ; and Wexford and Wicklow . Prior to

Sheriff (disambiguation) - Misplaced Pages Continue

1890-523: The transportation of prisoners to and from institutions and all levels of court; the service of some civil and criminal documents; and the execution of court orders. In Ontario, sheriffs are part of the Superior Court of Justice Enforcement Office, which was previously named (and is still sometimes referred to as) the Sheriff's Office. They are mainly responsible for issuing and enforcing writs of

1935-410: The under-sheriff's responsibilities. Revenue sheriffs were introduced for the rest of the state in the late 1980s as part of a crackdown on tax evasion . In 1993 the comptroller and auditor general expressed concern that funds collected and held in trust by sheriffs on behalf of the revenue commissioners were at risk of commingling . This was reformed in 1998 by prohibiting sheriffs from retaining

1980-411: Was the collection of taxes on behalf of the crown. This process involved each division of the county (known as the hundred ) paying geld (a form of land tax). To assess how much people had to pay, a clerk and a knight were sent by the king to each county . They sat with the sheriff of the county and with a select group of local knights (two knights from each hundred). After it was determined what geld

2025-487: Was to be paid, the knights of the hundred and the bailiff of the hundred were responsible for getting the money to the sheriff, and the sheriff was responsible for getting the money to the Exchequer . Sheriffs loyal to certain nobles could and did sabotage the careers of knights against whom they, or a noble they were loyal to, bore a grudge. Groups of sheriffs with significant connections had more de facto power in

#597402