Sheriff Act 1900 Review


Summary of Issues

4.1 Sheriff Act

Q.1 What, if anything, should be included in a Sheriff Act relating to the appointment, tenure and dismissal of the Sheriff?

Q.2 Should there be a statutory obligation for the Sheriff or his or her nominees to attend courts, if so, to which courts or tribunals should this duty attach?

Q.3 Where is the appropriate place to define the Sheriff’s power to serve various court documents? Should the Sheriff Act also include a power to execute writs?

Q.4 Should the Sheriff be obliged to serve or execute any process that is directed to him or her?

Q.5 Should fees be contained in a regulation under the Sheriff Act? If not, how should they be dealt with?

Q.6 Should the Sheriff be permitted to request a deposit, security or advance payment for the provision of services? If so in what circumstances should this apply?

Q.7 Should the Sheriff Act contain a provision protecting the Sheriff and Sheriff’s officers from personal liability?

Q8. Should the Office of the Sheriff be renamed? If so what should the Office now be called?

Q.9 Should there be a requirement in the legislation that a Sheriff’s officer is required to be fit and proper person? If so how should this test be undertaken?

Q.10 Should the Sheriff and Sheriff’s officers be required to take an oath? If so should this requirement be placed in the Sheriff Act?

Q.11 Should there be a legislative requirement that Sheriff’s officers receive training? If so what should be the scope of this requirement?

Q.12 Should there be a legislative requirement that training materials should be prepared in consultation with relevant external bodies?

Q.13 Are there other means of identifying Sheriff’s officers that should be addressed in the Sheriff Act?

Q.14 Should Sheriff’s officers be obliged to wear an identity badge or card while going about their duties? If so what information should be included on the badge or card?

Q.15 What requirements, if any, should there be for Sheriff’s officers to produce identification when asked to do so?

Q.16 How should the Sheriff Act address the issue of uniforms?

Q.17 Is it necessary that Sheriff’s vehicles to be clearly marked? If so should there be any requirements in relation to the nature of the markings?

Q.18 What additional limitations or safeguards, if any, need to be placed on the carriage and use of weapons by Sheriff’s officers?

Q.19 Should the Sheriff be given the power to remove weapons privileges from officers who have used weapons inappropriately?

Q.20 How should the power of the Sheriff’s officer to carry out directions of members of the judiciary and other presiding officers be framed?

Q.21 Should the Sheriff Act contain a broad power to delegate? If so what limitations should be placed on this power and how should the power be exercised?

Q.22 Should the offence of impersonating the Sheriff or a Sheriff’s officer be retained? If so, what would be an appropriate penalty?

Q.23 Is there a need to include an offence of assaulting, obstructing, hindering or resisting the Sheriff or a Sheriff’s officer in the Sheriff Act?

Q.24 Is there a need to include an offence of possession of Sheriff’s uniform or insignia? If so, what exceptions, if any, should there be to this offence?

Q.25 What procedures would be appropriate for dealing with offences committed against Sheriff’s officers under the Sheriff Act?

Q.26 Is it necessary to include any additional offences relating to theft or fraud in the Sheriff Act or are these matters adequately dealt with by the Crimes Act 1900?

Q.27 Is it necessary to include a general prohibition on the disclosure of information by Sheriff’s officers? If so, how should this prohibition be framed?

Q.28 Is it necessary for the Sheriff Act to address the issue of the excessive use of force by Sheriff’s officers?

Q.29 Is it necessary for the Sheriff Act to address the issue of unauthorised weapons being carried and used by Sheriff’s officers?

Q.30 Should the Sheriff Act contain a provision prohibiting Sheriff’s officers from engaging in misleading or deceptive conduct? If so how should such a provision be framed?

Q.31 Would it be helpful to include a reference in the Sheriff Act to the disciplinary process contained within the Public Sector Management Act?

Q.32 Should the Sheriff be granted a power to conduct investigations? If so what limitations should be placed upon this power?

Q.33 Should the Sheriff and Sheriff’s officers be subjected to oversight by the Ombudsman? If so, what functions, if any, should be excluded from such oversight?

4.2 Court Security Act

Q.34 How should the broad objectives of the legislation be defined?

Q.35 Is it necessary to include some definition of the Sheriff’s functions or is it better to merely address overall objectives and the powers granted to achieve those objectives?

Q.36 Should any functions be added to or removed from the above list?

Q.37 What premises should be covered by a Court Security Act?

Q. 38 Should the legislation include a coordination and consultation mechanism such as security management plans? If so, what form should this take? Who should be responsible for drafting / approving any plans?

Q.39 Should there be any additional legislative requirement in relation to consultation with the judiciary?

Q.40 Should court security officers have the power to demand identification of court users? If so in what circumstances should it be permissible to use this power?

Q.41 What limitations, if any, should be placed upon a Sheriff’s officer’s power to inspect bags and other personal effects of people entering a court?

Q.42 What limitations or safeguards would need to be placed upon a Sheriff’s officer’s power to search a person entering a court?

Q.43 What goods should court security officers be permitted to detain?

Q.44 Does there need to be an express requirement that goods be stored safely and securely?

Q.45 Is there a need to address the issue of lost and damaged property in court security legislation? If so, how should this be addressed?

Q.46 Should uncollected items be dealt with in accordance with Uncollected Goods Act? If not, how should they be dealt with?

Q.47 What items should a court security officer be authorised to seize? In what circumstances should this authority be exercised?

Q.48 What should happen to seized items?

Q.49 In what circumstances should Sheriff’s officers be permitted to deny entry to, or remove a person from, court premises?

Q.50 What powers of arrest should any court security legislation grant to court security officers? What safeguards should be placed upon this power of arrest?

Q.51 Is it necessary or desirable for the legislation to authorise officers to use reasonable force?

Q.52 Should the Sheriff be given the power to erect signs relevant to the security of the court?

Q.53 Should there be any compulsion on the Sheriff to erect particular signs?

Q.54 How should the Sheriff’s power in relation to prisoners be defined?

Q.55 Should any statement as to the Sheriff’s power in relation to prisoners be included in the Court Security Act or would it be better included in the Sheriff Act?

Q.56 When should Sheriff’s officers be permitted to secure or restrain a prisoner?

Q.57 When should Sheriff’s officers be permitted to search a prisoner? How should such a search be conducted?

Q.58 How should the power to follow the lawful directions of a judge, magistrate or other presiding officer be addressed?

Q.59 In what circumstances, if any, should Sheriff’s officers be permitted access to Police Service and RTA data in relation to their court security functions? How should any such access occur?

Q.60 Should court security legislation include an offence of bringing weapons explosives and firearms into court without lawful excuse?

Q.61 Should a Court Security Act contain an offence of failing to give, or giving false, identification details when lawfully required to do so?

Q.62 Should a Court Security Act contain an offence of failing to leave or attempting to re-enter a court when lawfully requested to leave?

Q.63 Should a Court Security Act contain an offence of damaging or stealing court property?

Q.64 Should an offence of assaulting, intimidating or harassing court users be included in a Court Security Act?

Q.65 Should the Act contain an offence of failing to comply with a reasonable direction? If so, what safeguards, if any, need to be applied to the exercise of this power?

Q.66 What type of proceedings would be appropriate for offences in relation to court security?

Q.67 Should a Court Security Act contain some sort of statement outlining the general right of the public to enter court precincts and view court proceedings?

Q.68 Should the Act include a provision conferring all the powers of a Sheriff’s officer in relation to court security onto police officers? If so in what circumstances?

Q.69 What matters should be required by legislation to be addressed in any contract for the provision of court security services?

Q.70 Should any general limitations be placed upon the exercise of powers by Sheriff’s officers?

Q.71 Should officers, other than Sheriff’s officers, who carry out functions under the Act be protected from personal liability? If so, who should be liable for their actions?

Q.72 Should people who assist Sheriff’s officers in good faith be protected or somehow indemnified against their actions? If so to what extent?