Sheriff Court Criminal Records
This is an ongoing project to index the criminal records of the Sheriff Courts of Scotland. This is a massive project, and is very much a work in progress. In the first instance, our index will be based on the Crown Counsel Procedure Books (NRS series AD9), which begin in 1822. Our eventual aim is to link this index to the various criminal records held among the Sheriff Court records at the National Records of Scotland.
We have so far indexed 26 volumes of records from Aberdeen, Banff, Stonehaven, Ayr, Kilmarnock, Airdrie and Forfar. We will continue to add to this index as access to the archives permits. The records include minutes and libels.
A criminal libel sets out the details of the allegations against the accused (called the "panel" in Scots). These are often but not always printed - this was because under the Criminal Law (Scotland) Act of 1830 (and earlier legislation), the panel was entitled to receive a copy of the allegations made against him or her. The libels can be very detailed - they will specify the time, date and place where the crime took place, and the details of the crime itself - naming the victims, items stolen or details of an assault for instance. In some cases there are multiple victims, or multiple incidents - this is particularly common in cases of forgery and uttering, or fraud. The libels also often include the assize - a list of potential jurors - and details of witnesses. They end with a summons calling on the panel to appear at a certain date for trial.
The minutes of the trial record the events that take place during the trial. These usually follow a standard format. The panel is named (and designed, in other words his or her occupation and residence are given and possibly other details, such as a parent or spouse's name). The libel is then read to the panel, and the assize is balloted to determine the jurors for the trial - 15 was the standard in solemn cases. The panel had the opportunity to object to certain jurors, and any such objections will be recorded in the minutes. The witnesses to be called by the Procurator Fiscal are then listed; again, the panel had the opportunity to object to witnesses. This was then followed by a statement of the declarations, if any, of the panel. These declarations are statements recorded before the trial, but are not generally given in the minutes. The panel is asked to plead. Often panels would plead guilty, but if they didn't, the evidence would be led. Occasionally, witness statements are given as part of a transcript of the trial, but most minutes do not do so, instead simply recording that the evidence was led. They then record that the jury was instructed to retire to decide a verdict. Once the verdict is returned, the panel is either convicted and sentenced, or assoilzied and liberated.
The other major record type is the process. This is the collection of papers (and sometimes other types of evidence) led in evidence in the case. Processes generally include precognitions, that is the interviews carried out in preparation for the trial. They may also include responses by the procurator or agent for the panel. Survival of Sheriff Court criminal processes is at best patchy.
It's important to bear in mind that sometimes the records contain libels but not minutes, and sometimes minutes but not libels. Even when they both survive, they are often kept separately, sometimes in entirely different record series within the archive. So our plan is to index both record sets separately as and when we find them.
We have so far indexed 26 volumes of records from Aberdeen, Banff, Stonehaven, Ayr, Kilmarnock, Airdrie and Forfar. We will continue to add to this index as access to the archives permits. The records include minutes and libels.
A criminal libel sets out the details of the allegations against the accused (called the "panel" in Scots). These are often but not always printed - this was because under the Criminal Law (Scotland) Act of 1830 (and earlier legislation), the panel was entitled to receive a copy of the allegations made against him or her. The libels can be very detailed - they will specify the time, date and place where the crime took place, and the details of the crime itself - naming the victims, items stolen or details of an assault for instance. In some cases there are multiple victims, or multiple incidents - this is particularly common in cases of forgery and uttering, or fraud. The libels also often include the assize - a list of potential jurors - and details of witnesses. They end with a summons calling on the panel to appear at a certain date for trial.
The minutes of the trial record the events that take place during the trial. These usually follow a standard format. The panel is named (and designed, in other words his or her occupation and residence are given and possibly other details, such as a parent or spouse's name). The libel is then read to the panel, and the assize is balloted to determine the jurors for the trial - 15 was the standard in solemn cases. The panel had the opportunity to object to certain jurors, and any such objections will be recorded in the minutes. The witnesses to be called by the Procurator Fiscal are then listed; again, the panel had the opportunity to object to witnesses. This was then followed by a statement of the declarations, if any, of the panel. These declarations are statements recorded before the trial, but are not generally given in the minutes. The panel is asked to plead. Often panels would plead guilty, but if they didn't, the evidence would be led. Occasionally, witness statements are given as part of a transcript of the trial, but most minutes do not do so, instead simply recording that the evidence was led. They then record that the jury was instructed to retire to decide a verdict. Once the verdict is returned, the panel is either convicted and sentenced, or assoilzied and liberated.
The other major record type is the process. This is the collection of papers (and sometimes other types of evidence) led in evidence in the case. Processes generally include precognitions, that is the interviews carried out in preparation for the trial. They may also include responses by the procurator or agent for the panel. Survival of Sheriff Court criminal processes is at best patchy.
It's important to bear in mind that sometimes the records contain libels but not minutes, and sometimes minutes but not libels. Even when they both survive, they are often kept separately, sometimes in entirely different record series within the archive. So our plan is to index both record sets separately as and when we find them.
