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THE OFFICE OF HIGH SHERIFF |
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The Office of
High Sheriff is at least 1,000 years old having its roots in Saxon times before
the Norman Conquest. It is the oldest continuous secular Office under the
Crown.
Originally the
Office held many of the powers now vested in Lord Lieutenants, High Court
Judges, Magistrates, Local Authorities, Coroners and even the Inland
Revenue.
The Office of
High Sheriff remained first in precedence in the Counties until the reign of
Edward VII when an Order in Council in 1908 gave the Lord Lieutenant the prime
Office under the Crown as the Sovereign's personal representative. Lord
Lieutenants were created in 1547 for military duties in the Shires. The High
Sheriff remains the Sovereign's representative in the County for all matters
relating to the Judiciary and the maintenance of law and
order.
Modern
Precedence
Modern precedence
is defined by a Royal Warrant of 1904, as amplified by a Home Office Memorandum
of 1928 whereby the High Sheriff takes precedence in the County immediately
after the Lord Lieutenant except when precedence is deferred to a Lord Mayor,
Mayor or Chairman of the Local Authority when they are undertaking municipal
business in their own district.
Functions
of the Office
High Sheriffs are
responsible in the Counties of England and Wales for duties conferred by the
Crown through Warrant from the Privy Council including: Attendance at Royal
visits to the County. The well being and protection of Her Majesty's High Court
Judges when on Circuit in the County and attending them in Court during the
legal terms. The annual appointment of an Under Sheriff. Acting as the
Returning Officer for Parliamentary Elections in County constituencies.
Responsibility for the proclamation of the accession of a new Sovereign. The
maintenance of the loyalty of subjects to the Crown. The Warrant of Appointment
as High Sheriff remains valid even on the death of the Sovereign. In practice
some of these responsibilities are delegated to the professional services, for
example the protection of the Judges and the maintenance of law and order are
in the hands of the Chief Constable of Police.
Nominations for High Sheriff
Nominations to the Office of High Sheriff are dealt with through the presiding Judge of the Circuit and the Privy Council for consideration by the Sovereign in Council. The annual nominations of three prospective High Sheriffs for each County are made in a meeting of the Lords of the Council in the Queen's Bench Division of the High Court of Justice presided over by the Lord Chief Justice on the 12th November in each year. Subsequently the selection of new High Sheriffs is made annually in a meeting of the Privy Council by the Sovereign when the custom of
'pricking' the appointee's name with a bodkin is perpetuated. Eligibility for nomination and appointment of High Sheriff under the Sheriff's Act of 1887 excludes Peers of Parliament, Members of the House of Commons, European Parliament or Welsh Assembly; full-time members of the Judiciary, including Special Commissioners or Officers of Customs and Excise or Inland Revenue; Officers of the Post Office; Officers of the Navy, Army or Royal Air Force on full pay.
Notification of Appointment
Following the
'pricking'
of the High Sheriff in the Privy Council a Warrant of Appointment is sent by
the Clerk of the Privy Council to him or to her in the following
terms:
'WHEREAS HER
MAJESTY was this day pleased, by and with the advice of HER PRIVY COUNCIL, to
nominate you for, and appoint you to be HIGH SHERIFF of the COUNTY OF during
HER MAJESTY'S PLEASURE: These are therefore to require you to take the Custody
and Charge of the said COUNTY, and duly to perform the duties of HIGH SHERIFF
thereof during HER MAJESTY'S PLEASURE, whereof you are duly to answer according
to Law.'
The High Sheriff
takes up appointment upon making a sworn declaration in terms dictated by the
Sheriff's Act 1887. The appointment is for one year only except in the event of
something untoward happening to the High Sheriff's expected successor when a
High Sheriff must remain in Office until the appointment of a successor is
executed. High Sheriffs are now encouraged by the The High Sheriffs'
Association of England and Wales to undertake duties to improve and sustain the
morale of personnel of voluntary and statutory bodies, particularly those
engaged in the maintenance and extension of law and order and the entire
criminal system. It is an independent non political Office which enables the
holder to bring together a wide variety of individuals and Office holders for
the good of the community a High Sheriff serves. The High Sheriff receives no
remuneration and no part of the expense of his year of Office falls on the
public purse. In recent years High Sheriffs in many parts of England and Wales
have been particularly active in the field of reduction of crime and the
development of an anti crime culture, particularly among young people,
through its two Charities, DebtCred and National Crimebeat, and other similar initiatives.
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