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 that is commonly translated to English as sheriff, and this is discussed below.

Description

Historically, a sheriff was a legal official with responsibility for a "shire" or county. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country.

  • In Australia and South Africa sheriffs are legal officials similar to bailiffs. In these countries there is no link maintained between counties and sheriffs.
  • In Canada, sheriffs exist in most provinces. The provincial sheriff services generally manage and transport court prisoners, serve court orders, and in some provinces sheriffs provide security for the court system, protect public officials, support investigations by local police services and in Alberta, sheriffs carry out traffic enforcement.
  • In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official.
  • In India, a sheriff is a largely ceremonial office in some major cities.
  • In the Republic of Ireland, in some counties and in the cities of Dublin and Cork, sheriffs are legal officials similar to bailiffs.
  • In Scotland, sheriffs are judges.[1]
  • In the United States, a sheriff is a sworn law enforcement officer, whose duties vary across states and counties. A sheriff is generally an elected county official, with duties that typically include policing unincorporated areas, maintaining county jails, providing security to courts in the county, and (in some states) serving warrants and court papers. In addition to these policing and correction services, a sheriff is often responsible for enforcing civil law within the jurisdiction.

Etymology

The word sheriff is a contraction of the term "shire reeve". The term, from the Old English scīrgerefa, designated a royal official responsible for keeping the peace (a "reeve") throughout a shire or county on behalf of the king.[2] The term was preserved in England notwithstanding the Norman Conquest. From the Anglo-Saxon kingdoms, the term spread to several other regions, at an early point to Scotland, latterly to Ireland and to the United States.

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[3] in England and Wales, and a sheriffdom[4] in Scotland.

The Arabic term sharif ("noble"), sometimes rendered sherif, bears no historical or etymological connection.

Modern usage

Australia

A sheriff's office exists in most Australian states and territories, with various duties.

  • Before 1824, prisons in the British penal colony of New South Wales were overseen by the Provost Marshal. This title/position was replaced by that of Sheriff when a Charter of Justice was proclaimed in 1824.[5] In addition to detaining accused criminals awaiting trial, the sheriff executed death sentences and other sentences, controlled gaols, and handled prison movements, including the chain gangs that worked on Goat Island and in Sydney.[5] In 1867, the sheriff began to be replaced by an independent Prisons Department, led by an inspector general, which was later renamed comptroller general. Most Australian states adopted this mode of prison oversight for many years.[5] In New South Wales, the Office of the Sheriff is part of Courts and Tribunal Services. The office has more than 400 employees at 58 sheriff's office. In addition to enforcing writs, warrants, and property seizure orders issued by New South Wales courts and tribunals, the Office of the Sheriff also provides court security and administers the state's jury service.[6]
  • The Sheriff of Western Australia – also known as the Sheriff of the Supreme Court, Marshal of the Family Court and Marshal of the Federal Court in Western Australia – is an officer of those courts, as well as the District Court and the Magistrates Court.[9] The Sheriff has two main roles.
    • "Enforcement services": managing the serving of court documents, including summonses, and the execution of writs, warrants and orders to recover unpaid fines or debts resulting from court judgments; as such, the Sheriff is also responsible for the appointment of bailiffs – who carry out the above services on behalf of the Sheriff.
    • "Jury services": preparing jury books, which list people potentially available for jury duty, within 17 jury districts in Western Australia, as well as actually summoning people to act as jurors in the Supreme and District courts; the Sheriff also investigates any failure by jurors to attend court and also has responsibility for the day-to-day management of juries sitting in the Perth metropolitan area.

Canada

Most provinces and territories in Canada operate a sheriffs service. Sheriffs are primarily concerned with services such as courtroom security, post-arrest prisoner transfer, serving legal processes and executing civil judgements. Sheriffs are defined under section 2 of the Criminal Code as "peace officers". Sheriff's duties in Ontario deal only with serving legal processes and executing civil judgments. They do not perform court security-related duties. Court security functions are handled by the jurisdictional police (municipal police or the Ontario Provincial Police) in which the courthouse is located. In other parts of Canada, where sheriff's services do not exist, the Royal Canadian Mounted Police perform these duties. Quebec has a two-tiered court security system where armed provincial special constables perform court security and the provincial correctional officers perform prisoner escort/transport duties.

Alberta

In 2006, the Province of Alberta expanded the duties[10] of the Alberta Sheriffs Branch (the successor to the former Courts and Prisoner Security agency) to include traffic enforcement, protective security and some investigation functions (SISU and SCAN). As of June 2008, the Alberta Sheriffs Branch traffic division includes 105 traffic sheriffs who are assigned to one of seven regions in the province. Sheriffs also assist various police services in Alberta with prisoner management.

British Columbia

The responsibilities of sheriffs in the Province of British Columbia include providing security for the Provincial Court, Supreme Court, and Court of Appeal; planning high-security trials; providing an intelligence unit; assessing threats towards public officials and those employed in the justice system; protecting judges and Crown prosecutors; managing detention cells; transporting prisoners by ground and air; managing and providing protection for juries; serving court-related documents; executing court orders and warrants; and assisting with the coroner's court.

Nova Scotia

In the Province of Nova Scotia, the sheriffs service 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 kilometers in a year. Sheriffs are responsible for: court security; 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. [11]

Iceland

In Iceland, sheriffs (or magistrates) (Icelandic: sýslumaður (singular), sýslumenn (plural)) 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 the orders of the court. The duties of the sheriffs differ slightly depending on their jurisdiction but they can be broadly categorised as:

  • Duties of all sheriffs except in Reykjavík: collection of public fees, publication of licences and permits for various personal and business purposes and more.[13]

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 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.[15]

India

Among cities in India, only Mumbai (Bombay), Kolkata (Calcutta) and Chennai (Madras), the three former British Presidencies, have had a Sheriff. First established in the 1700s based on the English High Sheriffs, they were the executive arm of the Judiciary, responsible for assembling jurors, bringing people to trial, supervising the gaoling (imprisonment) of prisoners and seizing and selling property. After the mid-1800s 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 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.

Republic of Ireland

Sheriffs have been appointed in Ireland since the Norman conquest (late 12th century) to enforce court judgements. In the modern day, a sheriff (Irish: sirriam) is an officer who collects taxes on behalf of the Collector General (part of the Revenue Commissioners). There are sixteen sheriffs in the country: two in Dublin, two in Cork City and twelve for the rest of the country. These twelve sheriffs are also county registrars. Sheriffs enforce the repayment of a debt which has been specified by court order. This can be in the form of payment or, failing that, in the removal and subsequent disposal of assets (a property and/or its contents).[16]

Scotland

In Scotland the sheriff is a judicial office holder in the sheriff courts, and they are members of the judiciary of Scotland.[17]

Sheriffs principal

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 the Sheriff Appeal Court; hearing appeals against sentencing and conviction from summary trials in the sheriff courts and justice of the peace courts.[18] 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.[19][20]

Sheriffs

Sheriffs deal with 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 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.[17]

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.[21][22]

Summary sheriffs

Summary sheriffs hear civil cases brought under Simple Procedure and criminal cases brought under summary proceedings. Their sentencing powers are identical to a sheriff sitting in summary proceedings.[23]

South Africa

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 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.[24]

United States

In the United States, the scope of a sheriff varies across states and counties (which in Louisiana are called "parishes" and in Alaska "boroughs"). The sheriff is most often an elected county official who serves as the chief civil-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, 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, regardless if they have their own city or town/township police department. A sheriff often administers the county jails and is responsible for court security functions within their jurisdiction.

References

  1. ↑ "Sheriffs - Judicial Office Holders - About the Judiciary - Judiciary of Scotland".
  2. ↑ "Online Etymology Dictionary".
  3. ↑ "Definition of SHRIEVALTY".
  4. ↑ "Sheriff Courts and Sheriffdoms in Scotland - Scots Law". Kevin F Crombie. 2009. Retrieved 19 April 2017.
  5. 1 2 3 Sean O'Toole, The History of Australian Corrections (University of New South Wales Press, 2006) p. 48.
  6. ↑ Office of the Sheriff of New South Wales, Government of New South Wales (accessed August 20, 2016).
  7. ↑ Sheriffs in Victoria, Victoria Department of Justice and Regulation (accessed August 20, 2016).
  8. ↑ Sheriff enforcement powers, Victoria Department of Justice and Regulation (accessed August 20, 2016).
  9. ↑ General, Department of the Attorney. "Sheriff of Western Australia".
  10. ↑ "Alberta sheriffs make highway debut this weekend". CBC. September 1, 2006. Archived from the original on July 1, 2008. Retrieved 2008-06-03.
  11. ↑ "Sheriff Services - novascotia.ca".
  12. ↑ "Verkefni allra sýslumanna" [Tasks of all sheriffs] (in Icelandic). Retrieved 31 January 2012.
  13. ↑ "Verkefni sýslumanna utan Reykjavíkur" [Tasks of sheriffs outside Reykjavík] (in Icelandic). Retrieved 31 January 2012.
  14. ↑ "Sérstök verkefni sýslumanna" [Special tasks of sheriffs] (in Icelandic). Archived from the original on 29 June 2007. Retrieved 31 January 2012.
  15. ↑ "Saga sýslumanna" [History of sheriffs] (in Icelandic). Retrieved 31 January 2012. Sýslumanna er fyrst getið hérlendis í einu handriti að sáttmála þeim sem Íslendingar gerðu við Noregskonung og öðlaðist staðfestingu á árunum 1262 til 1264 og síðar var nefndur Gamli sáttmáli, en með sáttmála þessum má segja að Íslendingar hafi gerst þegnar Noregskonungs. Eru sýslumenn elstu veraldlegu embættismenn sem enn starfa hérlendis og hafa alla tíð verið mikilvægur hluti stjórnsýslunnar.
  16. ↑ Hyland, Paul. "Explainer: Who and what are Ireland's sheriffs?".
  17. 1 2 "Sheriffs - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Office for Scotland. 2017. Retrieved 3 April 2017.
  18. ↑ Judicial Office for Scotland (March 2016). "The Office of Sheriff Principal". www.judicialappointments.scot. Judicial Appointments Board for Scotland. Retrieved 4 April 2017.
  19. ↑ "Schedule 8 of Merchant Shipping Act 1995". www.legislation.gov.uk. The National Archives. 19 July 1995. Retrieved 2 April 2017.
  20. ↑ "Local Criminal Justice Boards". www.gov.scot. Scottish Government. 3 April 2006. Retrieved 2 April 2017.
  21. ↑ "Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976". Legislation.gov.uk. 13 April 1976. Retrieved 19 February 2017.
  22. ↑ Judicial Office for Scotland. "The Office of Sheriff" (DOC). www.judicialappointments.scot. Judicial Appointments Board for Scotland. p. 9. Retrieved 4 April 2017. 34) The sheriff is required to make certain findings and is empowered to make recommendations to avoid a recurrence of the incident.
  23. ↑ "Summary Sheriffs - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Office for Scotland. 2017. Retrieved 3 April 2017.
  24. ↑ "home". www.sheriffs.org.za.
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