Introduction to Health and Safety at Work

1.5 
The legal system in Scotland
Scotland has both criminal and civil courts but prosecu-
tions are initiated by the procurator-fi scal rather than 
the Health and Safety Executive. The lowest criminal 
court is called the District Court and deals with minor 
offences. The Sheriff Court has a similar role to that of 
the Magistrates Court (for criminal cases) and the County 
Court (for civil cases), although it can deal with more seri-
ous cases involving a sheriff and jury. 
The High Court of Judiciary, in which a judge and 
jury sit, has a similar role to the Crown Court and appeals 
are made to the Court of Criminal Appeal. The Outer 
House of the Court of Session deals with civil cases in a 
similar way to the English High Court. The Inner house of 
the Court of Session is the Appeal Court for civil cases. 
For both appeal courts, the House of Lords is the 
fi nal court of appeal. There are Industrial Tribunals in 
Scotland with the same role as those in England.
1.6 
European Courts 
There are two European Courts – the European Court of 
Justice and the European Court of Human Rights.
The European Court of Justice, based in Luxembourg, 
is the highest court in the European Union (EU). It deals 
primarily with community law and its interpretation. It is 
normally concerned with breaches of community law 
by Member States and cases may be brought by other 
Member States or institutions. Its decisions are binding on 
all Member States. There is currently no right of appeal. 
The European Court of Human Rights, based in 
Strasbourg, is not directly related to the EU – it covers 
most of the countries in Europe including the 15 EU 
member states. As its title suggests, it deals with human 
rights and fundamental freedoms. With the introduction 
of the Human Rights Act 1998 in October 2000, many of 
the human rights cases are now heard in the UK.