Editing High sheriff (section)

== England, Wales, and Northern Ireland ==
[[File:Legal Service for Wales 2013 (112).JPG|thumb|right|High sheriffs in the United Kingdom customarily wear velvet [[Court uniform and dress in the United Kingdom|Court Dress]] suits on formal occasions.]]
In England, Wales and Northern Ireland the high sheriff (or in the [[Sheriff of the City of London|City of London the sheriffs]]) are theoretically the sovereign's judicial representative in the county,{{Citation needed|date=June 2007}} while the [[lord-lieutenant]] is the sovereign's personal and military representative.  Their jurisdictions, the ''shrieval counties'', are the [[ceremonial counties]]. The post contrasts with that of [[sheriff]] in Scotland, who is a judge sitting in a [[sheriff court]].

The word ''sheriff''{{anchor|shire reeve}} is a contraction of the term ''[[shire]] [[reeve (England)|reeve]]''. The term, from the [[Old English]] ''scīrgerefa'', designated a royal official responsible for keeping the peace (a ''reeve'') throughout a shire or county on behalf of the king.<ref>{{cite web |url=http://www.etymonline.com/index.php?search=sheriff&searchmode=none |title=sheriff |website=Online Etymology Dictionary}}</ref><ref>William A. Morris, "The Office of Sheriff in the Anglo-Saxon Period", ''English Historical Review'' (1916) 31#121 pp. 20–40 [https://www.jstor.org/stable/550697 in JSTOR]</ref> The term was preserved in England notwithstanding the [[Norman Conquest]]. 

English historians have offered varying estimates as to when the office of the sheriff was established.<ref name=":0">{{Cite book |last=Molyneaux |first=George |url=https://books.google.com/books?id=E1HCBwAAQBAJ |title=The Formation of the English Kingdom in the Tenth Century |publisher=Oxford University Press |year=2015 |isbn=978-0-19-102775-8 |pages=180–182 |language=en}}</ref> According to historian George Molyneaux, "the late tenth century is a very plausible period for the introduction of sheriffs, especially in the south."<ref name=":0" /> The office reached the height of its power under the Norman kings. While the sheriffs originally had been men of great standing at court, the 13th century saw a process whereby the office devolved on significant men within each county, usually landowners.<ref>{{cite book |last=Carpenter|first=David |author-link=David Carpenter (historian)|title=The reign of Henry III |chapter-url=https://books.google.com/books?id=lugwRi4JhBwC&pg=PA151|year=1996|publisher=Continuum International Publishing Group|isbn=1-85285-137-6|pages=151–182|chapter=The Decline of the Curial Sheriff in England, 1194-1258}}</ref> The [[Provisions of Oxford]] (1258) established a yearly tenure of office. The appointments and duties of the sheriffs in England and Wales were redefined by the [[Sheriffs Act 1887]].<ref>{{Cite web|title=Sheriffs Act 1887 |url=http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Sheriffs'&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=1060203&PageNumber=1&SortAlpha=0 |website=www.statutelaw.gov.uk |access-date=2016-01-30 |url-status=dead |archive-url=https://web.archive.org/web/20070930082446/http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Sheriffs%27&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=1060203&PageNumber=1&SortAlpha=0 |archive-date=2007-09-30 }}</ref> Under the provisions of the [[Local Government Act 1972]], on 1 April 1974, the office previously known as sheriff was retitled ''high sheriff''.<ref>"Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instrument to a sheriff shall be construed accordingly in relation to sheriffs for a county or Greater London." ({{cite web |url=http://www.legislation.gov.uk/ukpga/1972/70/section/219Local |title=Government Act 1972: Section 219 }}{{dead link|date=September 2017 |bot=InternetArchiveBot |fix-attempted=yes }})</ref>

The serving high sheriff submits a list of names of possible future high 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, [[Lady Day]], which was the first day of the year until 1751. No person may be appointed twice in three years unless there is no other suitable person in the county.{{citation needed|date=July 2012}}

=== Nomination ===
The [[Sheriffs Act 1887]] (as amended) provides that sheriffs should be nominated on 12 November ([[Martinmas]]), or the Monday following if it falls on a Sunday, by any two or more of the [[Chancellor of the Exchequer]], the [[Lord President of the Council]], and the [[Lord Chief Justice of England]]; other members of the [[Privy Council of the United Kingdom|Privy Council]]; and any two or more judges of the [[High Court of Justice|High Court]].<ref>{{cite web | url=http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&activeTextDocId=1060213&parentActiveTextDocId=1060203&showAllAttributes=1&hideCommentary=0&suppressWarning=0&versionNumber=1#attrib | title=Sheriffs Act 1887, Original Version | publisher=[[Ministry of Justice (United Kingdom)]] | access-date=2008-10-16}}</ref> These amendments were in 1998, the Chancellor of the Exchequer was granted full entitlement, not merely conditional entitlement, if there is no [[Lord High Treasurer]] – since the treasurership is by [[constitutional convention (political custom)|constitutional convention]] always placed into commission, and in 2006 the Lord Chancellor was removed as a nominating officer through the operation of the [[Constitutional Reform Act 2005]].<ref>{{cite web | url=http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&PageNumber=0&NavFrom=0&activeTextDocId=1060213&parentActiveTextDocId=1060203&showAllAttributes=1&hideCommentary=0&suppressWarning=0&versionNumber=4#attrib | title=Sheriffs Act 1887, Current Version | publisher=[[Ministry of Justice (United Kingdom)]] | access-date=2008-10-16}}</ref>

These officers nominate three candidates for each county in [[England and Wales]] (with the exception of [[Cornwall]], [[Merseyside]], [[Greater Manchester]] and [[Lancashire]]), which are enrolled on a [[parchment]] by the [[King's Remembrancer]].<ref>{{cite web|url=http://www.highsheriffgloucestershire.org.uk/queen.htm|title=The Queen's Remembrancer and High Sheriffs|access-date=2008-09-01|url-status=dead|archive-url=https://web.archive.org/web/20140512215153/http://www.highsheriffgloucestershire.org.uk/queen.htm|archive-date=2014-05-12}}</ref>

Eligibility for nomination and appointment as high sheriff under the Sheriffs Act 1887 excludes peers of Parliament, members of the House of Commons, commissioners or officers of [[His Majesty's Revenue and Customs]], officers of the Post Office and officers of the Navy, Army or Royal Air Force on full pay, clergymen (whether [[benefice]]d or not) and barristers or solicitors in actual practice.<ref>{{Cite book|title=The High Sheriff|last=anon|publisher=The Times Publishing Co. Ltd.|year=1961|location=London|pages=16}}</ref>

=== Pricking ===
The practice of ''pricking'' is an ancient custom used to appoint the high sheriffs of England and Wales.

In February or March of each year, two parchments prepared the previous November are presented to the [[Monarchy of the United Kingdom|Sovereign]] at a meeting of the Privy Council. A further parchment is drawn up in November for Cornwall and presented to the [[Duke of Cornwall]] (or to the sovereign when there is no such duke).<ref>{{Cite web|title = The High Sheriffs' Association|url = http://www.highsheriffs.com/SHR05.HTM|website = www.highsheriffs.com|access-date = 2016-01-30|archive-url = https://web.archive.org/web/20150924030204/http://www.highsheriffs.com/SHR05.HTM|archive-date = 2015-09-24|url-status = dead}}</ref>

Certain eligible persons (High Court judges and the Privy Council) nominate candidates for each county [[list of shrievalties|shrievalty]], one of whom is chosen for each by the sovereign. In practice, the first name on the list is nowadays always the one chosen; the second and third names tend to become sheriffs in succeeding years, barring incapacity or death. The sovereign signifies assent by pricking (i.e., piercing) the document with a silver [[sewing needle|bodkin]] by the relevant name for each county, and signs the parchment when complete. The parchment for the Duchy of Lancaster is known as the ''Lites'', and the ceremony of selection known as ''Pricking the Lites''.<ref name=dl>{{cite web|url=http://www.duchyoflancaster.co.uk/output/page44.asp |title=Palatine High Sheriffs |publisher=The Duchy of Lancaster |access-date=2008-10-02 |archive-url=https://web.archive.org/web/20080625195230/http://www.duchyoflancaster.co.uk/output/page44.asp |archive-date=2008-06-25 |url-status=dead }}</ref> The term ''lites'', meaning ''list'', was once reserved for [[Yorkshire]];<ref>{{cite journal | title=Memorabilia | journal=Notes and Queries | date=13 July 1929 | url=http://nq.oxfordjournals.org/cgi/issue_pdf/frontmatter_pdf/CLVII/jul13.pdf | access-date=2008-10-02}}{{dead link|date=May 2021|bot=medic}}{{cbignore|bot=medic}}</ref> the date at which the name was transferred to Lancashire is unknown.{{according to whom|date=July 2012}}<ref>{{cite web |url=http://www.privy-council.org.uk/output/page29.asp |title=High Sheriffs |access-date=2005-08-26 |url-status=dead |archive-url=https://web.archive.org/web/20050826020226/http://www.privy-council.org.uk/output/page29.asp |archive-date=2005-08-26 }} {{cite web |url=http://www.highsheriffs.com/SHR02.HTM |title=Archived copy |access-date=2008-07-03 |url-status=dead |archive-url=https://web.archive.org/web/20080703172752/http://www.highsheriffs.com/SHR02.HTM |archive-date=2008-07-03 }}</ref>  The Lites is used for the three [[List of shrievalties|shrieval counties]] that fall wholly or partially within the boundaries of the historic [[Duchy of Lancaster|county palatine of Lancaster]], since 1 April 1974: [[Lancashire]], [[Greater Manchester]], and [[Merseyside]].<ref name=dl/>

The practice is believed to date back to a year in the reign of [[Elizabeth I of England|Elizabeth I]], when, lacking a pen, she decided to use her bodkin to mark the name instead. By contrast, [[John Campbell, 1st Baron Campbell|Lord Campbell]] stated, perhaps without the intention of publication, in February 1847, "[it began] in ancient times, sir, when sovereigns did not know how to write their names." while acquiring a prick and a signature from [[Victoria of the United Kingdom|Queen Victoria]] as [[Albert, Prince Consort|Prince Albert]] asked him when the custom began.<ref>{{Cite web|title = Late For Dinner.|url = https://timesmachine.nytimes.com/timesmachine/1882/03/19/102772130.pdf|website = query.nytimes.com|access-date = 2016-01-30}}</ref><ref>{{Cite book|title = Life of Her Most Gracious Majesty the Queen|url = https://books.google.com/books?id=dXPIQ6TSep8C|publisher = BiblioBazaar|date = 2007-01-15|isbn = 9781426422102|language = en|first = Sarah|last = Tytler}}</ref> The High Sheriffs' Association argues pricking vellum ensured that the record could not be altered. Given that holders of the office often had to bear large costs and implement unpopular policies altering the choice of the monarch must sometimes have been tempting.<ref>{{cite web |url=http://www.highsheriffs.com/History.htm |title=History of High Sheriffs |access-date=2018-01-07 |url-status=dead |archive-url=https://web.archive.org/web/20120702170357/http://www.highsheriffs.com/History.htm |archive-date=2012-07-02 }}</ref>

=== Declaration ===
The declaration a person must make before taking the office of high sheriff is contained in the second schedule of the Sheriffs Act 1887.<ref name=1887s2>{{Cite web|title=Sheriffs Act 1887, Schedule 2 |url=https://www.legislation.gov.uk/ukpga/Vict/50-51/55/schedule/2 |website=[[legislation.gov.uk]] |access-date=2016-01-30 }}</ref> Additional words are inserted in the case of the Duchy of Cornwall; for example, the declaration includes: "do solemnly declare that I will well and truly serve the King’s Majesty and also his Royal Highness the Duke of Cornwall".<ref name=1887s2/>

=== Responsibilities ===
Contemporary high sheriffs have few genuine responsibilities and their functions are largely representational, which include attendance at royal visits and a [[High Court of Justice|High Court]] [[judge]] opening ceremony,{{needs clarification|date=April 2022}} proclamation of a new sovereign, and acting as a [[returning officer]] in [[United Kingdom constituencies#County constituencies and borough constituencies|county constituencies]] during elections.<ref name="hs">{{cite web |url=http://www.highsheriffs.com/SHR02.HTM |title=The Office of High Sheriff |archive-url=https://web.archive.org/web/20080703172752/http://www.highsheriffs.com/SHR02.HTM |archive-date=2008-07-03 |website=High Sheriffs' Association of England and Wales}}</ref>

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.<ref>{{cite book |title=A General View of the Criminal Law of England |first=James Fitzjames |last=Stephen |date=2005}}</ref> However, most of the high sheriff's work is delegated (for example, the local police now protect judges and courts) so that in effect the post of high sheriff is essentially ceremonial.

The high sheriff was traditionally responsible for the maintenance of [[Law and order (politics)|law and order]] within the county, although most of these duties are now delegated to the police.<ref name="hs"/> As a result of its close links with law and order the position is frequently awarded to people with an association with law enforcement (former police officers, [[lawyer]]s, [[magistrate]]s, [[judge]]s). The high sheriff was originally allowed to kill suspects resisting arrest;{{citation needed|date=October 2017}} this was still legal in the 17th century. [[Edward Coke]] noted that when the high sheriff employed constables to assist in his duties the law was also extended to them.<ref>Holdsworth p.604</ref>

=== Powers ===
Under the provisions of the [[Sheriffs Act 1887]], if a sheriff finds any resistance in the execution of a writ he shall "take with him the power of the county" (known as [[posse comitatus (common law)|posse comitatus]]), and shall go in proper person to do execution, and may arrest the resisters and commit them to prison, and every such resister shall be guilty of a [[misdemeanor]].<!-- The spelling "misdemeanor" is used in the Act --><ref>{{Cite web|title=Sheriffs Act 1887, section 8 |url=https://www.legislation.gov.uk/ukpga/Vict/50-51/55/section/8 |website=www.statutelaw.gov.uk |access-date=2020-10-22}}</ref>

=== Exceptional counties ===
==== City of London ====
There are two [[sheriffs of the City of London]], elected annually by the [[City of London]] [[liverymen]]; their function is similar, but not equivalent to that of high sheriff, since the Sheriffs Act 1887 contains the saving ''"Nothing in this Act shall affect the privilege of the mayor, commonalty, and citizens of the city of London to elect the sheriffs of London"''. The [[sheriffs of London]] also served as sheriffs for [[Middlesex]] until 1889 when the office of [[High Sheriff of Middlesex]] was created.<ref>{{cite web|url=http://www.highsheriffs.com/Greater%20London/Greater%20LondonNews.htm|title=www.highsheriffs.com|website=highsheriffs.com|access-date=2016-01-14|archive-url=https://web.archive.org/web/20160128075141/http://www.highsheriffs.com/Greater%20London/Greater%20LondonNews.htm|archive-date=2016-01-28|url-status=dead}}</ref>

==== Cornwall ====
The Duchy of Cornwall's first charter in 1337 states that the ''Shrievalty of Cornwall'', the right to appoint the sheriff for the county, is vested in the [[Duke of Cornwall]].<ref>[http://www.legislation.gov.uk/aep/Edw3/11/0/section/wrapper1 A Charter of 1337] at legislation.gov.uk</ref> Two further charters, dated 18 March 1337 and 3 January 1338, state that no sheriff of the king shall enter Cornwall to execute the king's [[writ]].{{citation needed|date=October 2020}} The High Sheriff of Cornwall swears to serve both the reigning monarch and Duke of Cornwall (i.e., the [[crown prince]]).{{citation needed|date=October 2020}} When there is no Duke of Cornwall, the Duchy Council still sits, but under the trusteeship of the English (since 1707, British) monarch. Only as Duchy Trustee can the monarch appoint the Sheriff of Cornwall. Nomination and appointment generally takes place during [[Hilary Term|Hilary]], and announced via the [[Duchy of Cornwall]] Office.<ref>{{Cite web|title = Contact Details |website=The Duchy of Cornwall |url = http://duchyofcornwall.org/contact-details.html |access-date = 2016-01-30|language = en-GB}}</ref>{{Failed verification|date=October 2020}}<ref name="atk9">Atkinson (1854), p. 9</ref><ref>{{harvp|Churchill|Bruce|1879|p=5}}</ref>

==== Durham ====
The [[High Sheriff of Durham]] was appointed by the [[Bishop of Durham|Prince-Bishop of Durham]] until 1836, when the jurisdiction of the [[county palatine]] became vested in the Crown.<ref>Churchill & Bruce, p. 6</ref> Since then the high sheriffs of Durham have been appointed in the same way as other high sheriffs in England and Wales.<ref>{{Cite web|title = High Sheriff – Durham County History|url = http://www.highsheriffs.com/Durham/DurhamHistory.htm|website = www.highsheriffs.com|access-date = 2016-01-30|archive-url = https://web.archive.org/web/20160304192019/http://www.highsheriffs.com/Durham/DurhamHistory.htm|archive-date = 2016-03-04|url-status = dead}}</ref>

==== [[Isle of Ely]] ====
After an act of Parliament in 1535/6 ended the [[palatine]] status of the Isle, the bishop remained [[custos rotulorum]] and appointed a chief bailiff for life to perform the functions of high sheriff within the liberty.

==== Lancashire ====
The right to nominate and select high sheriffs in Lancashire is vested in the [[monarch]] in right of the [[Duchy of Lancaster]].<ref name="atk9" /> Before 1974, this right applied only to the [[High Sheriff of Lancashire]], but since the [[Historic counties of England|administrative changes]] of the [[Local Government Act 1972]] (effective 1974), the [[High Sheriff of Greater Manchester]] and [[High Sheriff of Merseyside]] also come under the jurisdiction of the [[Duchy of Lancaster]]. As with other counties in England, three names are nominated to the [[Chancellor of the Duchy of Lancaster]] for Lancashire appointments;<ref>Churchill & Bruce, pp. 4–5</ref> the chancellor presents these to the monarch with his recommendation in a private audience.<ref>{{cite web|title=NWDA Chairman appointed as High Sheriff of Lancashire |publisher=Northwest Regional Development Agency |url=http://www.nwda.co.uk/news--events/press-releases/200301/nwda-chairman-appointed-as-hig.aspx |access-date=2008-10-17 |url-status=dead |archive-url=https://web.archive.org/web/20110524142832/http://www.nwda.co.uk/news--events/press-releases/200301/nwda-chairman-appointed-as-hig.aspx |archive-date=2011-05-24 }}</ref> New appointments are usually announced during [[Hilary term|Hilary]].<ref name="atk9" />

==== London and Middlesex ====
{{expand section|date=October 2020}}

==== Wales ====
The nomination of sheriffs in the counties of Wales was first vested by statute in the [[Council of Wales and the Marches]] and the Welsh justices under [[Henry VIII of England|Henry VIII]]. With the abolition of the Council in 1689, the power of nomination was transferred to the justices of the [[Court of Great Sessions in Wales]]. When this court was abolished in 1830, its rights were in turn transferred to the courts of [[Court of King's Bench (England)|King's Bench]], [[Exchequer of pleas|Exchequer]], and [[Court of Common Pleas (England)|Commons Pleas]].<ref>Atkinson (1839), p. 15</ref> Finally, by an act of Parliament{{which|date=July 2024}} of 1845, the nomination and appointment of sheriffs in Wales was made identical to that in England.<ref name="atk9" />