New all-Scotland guidance issued for adults with incapacity cases

This is the latest all Scotland guidance, which has been produced by the sheriffs principal over the last few years.

Sheriff Principal Aisha Anwar KC said: “The All Scotland Sheriff Court Practice Note is designed to assist practitioners, wherever they are in Scotland, to understand what the court requires of them and to create a consistency of practice in Scotland. The Practice Note has been informed by best practices which have developed across many sheriff courts as a result of engagement with local practitioners.”

The AWI practice note, which comes in to effect on 13 July, replaces all previous practice notes relating to the 2000 Act.

There were over 3,700 cases in the Sheriff Court last year (2025/26) which dealt with applications under the Adults with Incapacity Act. The Act sets out a framework for regulating intervention in the affairs of adults who have impaired capacity. It allows for intervention in a wide range of property, financial or welfare matters. These are therefore amongst the most important and complex cases to be brought before the Sheriff Court.