Sheriff

Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office.

Modern usage

Australia

The office of Sheriff was first established in Australia in 1824. This was simultaneous with the appointment of the first Chief Justice of New South Wales.

Related Topics:
Australia - 1824 - Chief Justice - New South Wales

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The rôle of the Sheriff has not been static, nor is it identical in each Australian State.

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In the past his duties included; executing court judgments, acting as a coroner, the transportation of prisoners, managing the gaols, and carrying out executions (through the employment of an anonymous hangman).

Related Topics:
Judgments - Coroner - Gaols - Hangman

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Currently, the criminal law of no Australian State provides for capital punishment. A government department (usually called the Department of Corrections or similar) now runs the prison system and the Coroner?s Office handles coronial matters.

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The Sheriff is now largely responsible for enforcing the civil orders and fines of the court (seizing and selling the property of judgment debtors who do not satisfy the debt), providing court security and running the jury system.

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Canada

Various jurisdictions in Canada on provincial and sub-provincial levels operate a sheriff's department primarily concerned with court bailiff services such as courtroom security, post-arrest prisoner transfer, serving legal processes, and executing civil judgments. Most Canadian sheriff vehicles are not equipped with flashing lights or sirens, as emergency response or pursuit are police responsibilities, and the professional training (and hence wage) given to sheriff's deputies is not as extensive as that for municipal police or RCMP constables. In other parts of the dominion not covered by a sheriff's agency, bailiff functions would be handled directly by the local or provincial police or by the Mounties as appropriate.

Related Topics:
Canada - RCMP

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United Kingdom

City of London

In the City of London, the position of sheriff is one of the officers of the Corporation. Two are elected by the liverymen of the City each year to assist the Lord Mayor, attend the Central Criminal Court at the Old Bailey, and present petitions to Parliament: usually one is an alderman and the other not. The aldermanic sheriff is then likely to become Lord Mayor in due course.

Related Topics:
City of London - Corporation - Liverymen - Lord Mayor - Old Bailey - Parliament - Alderman

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Scotland

In Scotland a sheriff is a judge in the second tier court, called the Sheriff Court. The sheriff is a professional judge in comparison with the District Courts in Scotland or the English lowest courts which are presided over by lay magistrates.

Related Topics:
Scotland - Court - Sheriff Court - District Court - English - Lay - Magistrate

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The sheriff court is the court of first instance for both civil and criminal cases, but the court's sentencing powers are limited so major crimes (rape, murder etc.) and complex or high value civil cases are dealt with in the High Court (for criminal matters) or the Court of Session (for civil matters).

Related Topics:
High Court - Court of Session

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There are six Sheriffdoms in Scotland, each with a Sheriff Principal. Under each sheriffdom are sheriff districts, each with a court presided over by a sheriff.

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Sheriffs are usually advocates and increasingly solicitors with many years legal experience. Until recently they were appointed by the Scottish Executive (on the advice of the Lord Advocate). However, the Scotland Act 1998, introduced the European Convention of Human Rights into Scots Law. A subsequent legal challenge to the impartiality of the Sheriffs based on the provisions of the Convention, lead to the setting up of the Judicial Appointments Board for Scotland. The Judicial Appointments Board for Scotland now makes recommendations to the First Minister who nominates all judicial appointments in Scotland other than in the District Court. Nominations are made to the Prime Minister, who in turn makes the recommendation to the Queen.

Related Topics:
Advocate - Solicitor - Scottish Executive - Lord Advocate - Scotland Act 1998 - European Convention of Human Rights - Scots Law - Judicial Appointments Board for Scotland - First Minister - Scotland - District Court - Prime Minister

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(See: Scots law)

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United States

In the United States a sheriff is generally the highest elected law-enforcement officer of a county. The political election of a person to serve as a police leader is a uniquely American tradition. All law-enforcement officers working for the agency headed by a sheriff are called sheriff's deputies or deputy sheriffs and are so called because they are deputized by the sheriff to perform the same duties as him or her. They may be subdivided into general deputies and special deputies. In some places, the sheriff has the responsibility to recover any deceased persons within their county. That is why often the full title is Deputy Sheriff-Coroner or Deputy Sheriff Coroner or Deputy Sheriff/Coroner and the sheriff's title is Sheriff?Coroner or Sheriff Coroner or Sheriff/Coroner.

Related Topics:
United States - County - Political - Police - General deputies - Special deputies

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The second-in-command of the department is called an undersheriff. This is akin to the deputy chief of police position of a police department.

Related Topics:
Chief of police - Police department

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In the US, the relationship between the sheriff and other police departments varies widely from state to state, and indeed in some states from county to county. In some counties, the sheriff can be the most powerful figure, but in other jurisdictions the sheriff may do little more than providing such services as keeping the jail, transporting prisoners, and providing courthouse security.

Related Topics:
State - Jail - Prisoner - Courthouse

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Many US cities and some counties have a chief of police who is the commanding officer of the police department. The chief of police is invariably appointed by the executive authority of the municipality or county; it is almost never an elected office.

Related Topics:
Cities - Chief of police - Municipality

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In many US jurisdictions, the sheriff also has duties with regard to service of process and summonses that are issued by state courts. The sheriff also often conducts auction sales of real property in foreclosure in many jurisdictions, and is often also empowered to conduct seizures of chattel property that is being seized to satisfy a judgment. In other jurisdictions, these civil process duties are performed by other officers, such as a marshal or constable.

Related Topics:
Jurisdiction - Service of process - Summons - Court - Auction - Real property - Foreclosure - Chattel - Judgment - Marshal - Constable

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The federal equivalent to the office of sheriff is the United States Marshals Service, an agency of the Department of Justice: there is one U.S. Marshal for each federal judicial district (94 total); the Marshal and his or her deputies are responsible for the transport of prisoners and security for the United States District Courts, and also issue and enforce certain civil process.

Related Topics:
United States Marshals Service - Department of Justice - United States District Courts

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There are about 3,500 County Sheriff's Offices in the United States ranging from 1 or 2 man forces to the 11,000 member Los Angeles County Sheriff's Dept. The average Sheriff's Office in the United States employs 24.5 sworn officers.

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Compare to the former role of High Sheriff in England and Wales.

Related Topics:
High Sheriff - England - Wales

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California

In California, the sheriff's office of each county polices those areas of the county that are not lying within the jurisdiction of a police department (e.g., incorporated cities). As such, the sheriff and sheriff's deputies are in rural areas and unincorporated municipalities more or less equivalent to police officers in California cities.

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Connecticut

Connecticut abolished sheriffs by popular referendum in 2002.

Related Topics:
Connecticut - 2002

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Hawaii

In Hawaii the Office of Sheriff falls under the State Dept. of Public Safety.Although their jurisdiction covers the entire state,their primary functions are Judicial Protection,Executive Protection,Capitol Police,Airport police,Narcotics Enforcement,Prisoner Transportation and the Processing and Service of court orders and warrants.

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Massachusetts

In Massachusetts, counties that have sheriffs elect them to serve the needs of the geographic area covered by the county in certain aspects of law enforcement. All local law enforcement is handled at that city and town level, and state-level law enforcement is handled by the state police. Sheriffs do not have general police jurisdiction in their counties - permission is needed to patrol a municipality.

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