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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 execution of High Court Writs and Orders (through
the Under Sheriff whose annual appointment is by the High Sheriff
alone). 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 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, Commissioners or
Officers of Customs and Excise or Inland Revenue, Officers of
the Post Office and Officers of the Navy, Army or Royal Air Force
on full pay, clergymen whether beneficed or not and barristers
or solicitors in actual practice.
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 Shrievalty 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 National Crimebeat and other similar
initiatives.
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