High Sheriff

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The High Sheriff is, or was, a law enforcement position in Anglosphere countries. The High Sheriff of an English or Welsh county is an unpaid, partly ceremonial post appointed by The Crown through a Warrant from the Privy Council. In Cornwall the High Sheriff is appointed by the Duke of Cornwall. In some states of the United States of America, the High Sheriff is the chief sheriff of the state, who outranks and commands all other sheriffs.

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[edit] England, Wales and Northern Ireland

In England, Wales and Northern Ireland the High Sheriff is theoretically the Sovereign's judicial representative in the county[citation needed], while the Lord Lieutenant is the Sovereign's personal representative. (The post should not be confused with that of Sheriff in Scotland, who is a judge sitting in a Sheriff Court.) Their jurisdictions, the "Shrieval Counties", are no longer co-terminous with administrative areas, representing a mix between the ancient counties and more recent local authority areas. The post is unpaid (except for a nominal court attendance allowance), and the general expenses of the office are borne personally by the holder[1].

The office of Sheriff has its origins in the 10th century; the office reached the height of its influence under the Norman kings. The Provisions of Oxford (1258) established a yearly tenure of office. The appointments and duties of the High Sheriffs in England and Wales are laid down by the Sheriffs Act 1887[2].

The serving Sheriff submits a list of names of possible future sheriffs to a tribunal which chooses three names to put to the Sovereign. The nomination is made on 12 November every year and the term of office runs from 25 March, the start of the legal year prior to 1752. No person may be appointed twice in three years unless there is no other suitable person in the county.

[edit] Responsibilities

Contemporary High Sheriffs have few genuine responsibilities and their functions are largely representational:[3][4]

  • Attendance at Royal visits to the county.
  • Proclamation of the accession of a new sovereign.
  • They usually act as the Returning Officer for Parliamentary elections in county constituencies and see to the annual appointment of an undersheriff.
  • Attendance at the opening ceremony when a High Court Judge goes on circuit.
  • Execution of High Court writs.
  • Appointment of under-sheriffs to act as deputies.

Most of the High Sheriff's work is delegated; for example, the local police protect Judges and Courts, so that in effect the post of High Sheriff is essentially a ceremonial post. Theoretical responsibilities include the well-being and protection of High Court Judges, and attending them in Court; and the maintenance of the loyalty of subjects to the Crown.[5]

The High Sheriff was traditionally responsible for the maintenance of law and order within the county, although most of these duties are now delegated to the professional Chief Constable of Police.[4] Nowadays, the position is frequently awarded to people with an association with law enforcement (police, lawyers, magistrates, judges). See List of Shrievalties.

[edit] United States

The position of High Sheriff in the United States generally denotes the superior sheriff in a state, or the head of a state-wide sheriff's department. Such a position exists in Rhode Island (Executive High Sheriff)[6], and Hawaii. In New Hampshire, the ten High Sheriffs are the senior law enforcement officers of each county, and have police powers throughout the state.

The New York City Sheriff functions as a de facto high sheriff, as his jurisdiction covers New York City, which contains the five New York Counties - each of which contains an Undersheriff.

[edit] See also

[edit] References

  1. ^ Privy Council public information website
  2. ^ Full text of the Sheriffs Act 1877 c.55 on DCA Website
  3. ^ Duties of the High Sheriff, West Sussex County Council
  4. ^ a b The Office of High Sheriff, High Sheriffs' Association of England and Wales
  5. ^ A General View Of The Criminal Law Of England - James Fitzjames Stephen 2005
  6. ^ Rhode Island State Sheriff's Department

[edit] External links

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