SCHEDULES
SCHEDULE 1 Ineligibility for and Disqualification and Excusal from Jury Service
Part I Persons Ineligible
Group A
The Judiciary
F1a
Justices of the Supreme Court or the President or Deputy President of that Court;
b
Senators of the College of Justice;
c
sheriffs;
F39ca
summary sheriffs;
d
Justices of the Peace;
e
stipendiary magistrates;
f
the chairman or president, the vice-chairman or vice-president and the registrar or assistant registrar of any tribunal; and
g
persons who, at any time within the 10 years immediately preceding the date at which their eligibility, in terms of section 1 of this Act, for jury service is being considered, have come within any description listed above in this Group.
Group B
Others concerned with the administration of justice
a
Advocates and solicitors, whether or not in actual practice as such;
b
advocates’ clerks;
c
apprentices of, and legal trainees employed by, solicitors;
d
officers and staff of any court if their work is wholly or mainly concerned with the day-to-day administration of the court;
e
persons employed as shorthand writers in any court;
f
Clerks of the Peace and their deputies;
F31fa
members and staff of the Scottish Police Authority;
g
Inspectors of Constabulary appointed by Her Majesty;
h
assistant inspectors of constabulary appointed by the Secretary of State;
F32i
constables of the Police Service of Scotland (including constables engaged on temporary service within the meaning of section 15 of the Police and Fire Reform (Scotland) Act 2012 (asp 8));
j
constables of any constabulary maintained under statute;
k
persons employed in any capacity by virtue of which they have the powers and privileges of police constables;
l
special constables;
m
police cadets;
F33n
persons appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012;
F2na
members of the National Criminal Intelligence Service;
nb
members of the Service Authority for the National Criminal Intelligence Service and persons employed by that Authority under section 13 of the Police Act 1997;
F35nc
National Crime Agency officers;
o
officers of F36... prisons, remand centres, detention centres, borstal institutions and young offenders institutions;
F37oa
prison monitoring co-ordinators appointed under section 7A(2) of the Prisons (Scotland) Act 1989 and independent prison monitors appointed under section 7B(2)(a) of that Act;
F3oo
prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994;
p
procurators fiscal within the meaning of F4section 307(1) of the Criminal Procedure (Scotland) Act 1995, and persons employed as clerks and assistants to such procurators fiscal;
q
messengers at arms and sheriff officers;
r
members of children’s panels;
s
reporters appointed under section 36 of the Social Work (Scotland) Act M11968 and their staffs;
t
directors of social work appointed under section 3 of the said Act of 1968 and persons employed to assist such directors in the performance of such of their functions as relate to probation schemes within the meaning of section 27 of that Act;
u
members of the Parole Board for Scotland;
F5v
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
w
persons who, at any time within the 5 years immediately preceding the date at which the eligibility, in terms of section 1 of this Act, for jury service is being considered, have come within any description listed above in this Group.
F34wza
persons who, at any time within the 5 years immediately preceding the date at which the eligibility, in terms of section 1 of this Act, for jury service is being considered, were members or employees of the Scottish Police Services Authority;
F6wa
members and employees of the Scottish Criminal Cases Review Commission;
F7wb
chief officers of community justice authorities established under section 3 of theManagement of Offenders etc. (Scotland) Act 2005.
Group C
The mentally disordered
(Expressions used in this Group are to be construed in accordance with the F8Mental Health (Care and Treatment) (Scotland) Act 2003.)
a
Persons who are receiving medical treatment for mental disorder and either—
i
are, for the purposes of that treatment, F9detained in hospital under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or the Criminal Procedure (Scotland) Act 1995 (c. 46); or
ii
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11b
persons for the time being subject to guardianship under the Adults with Incapacity (Scotland) Act 2000 (asp 4).
Part II Persons Disqualified
a
Persons who have at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—
i
to imprisonment for life or for a term of 5 years or more; or
ii
to be detained during Her Majesty’s pleasure, during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland;
b
persons who have at any time in the United Kingdom, the Channel Islands or the Isle of Man—
i
served any part of a sentence of imprisonment F12detention or youth custody, being a sentence for a term of 3 months or more; or
ii
been detained in a borstal institution,
F13bb
persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made—
F14i
a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46);
ii
a drug treatment and testing order under section 234B(2) of that Act;
iii
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv
a restriction of liberty order under section 245A(1) of that Act;
F16v
a community order within the meaning of section 177 of the Criminal Justice Act 2003 F43or imposed under Chapter 2 of Part 9 of the Sentencing Code;
va
a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;
vi
a community order as defined by article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (N.I.24));
vii
a drug treatment and testing order under article 8(2) of the Criminal Justice (Northern Ireland) Order 1998 (SI 1998/2839 (N.I.20)),
except where they are F42protected persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);
F17c
in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom.
Part III Persons Excusable as of Right
Group A
Parliament
a
Peers and peeresses entitled to receive writs of summons to attend the House of Lords;
b
members of the House of Commons;
c
officers of the House of Lords; and
d
officers of the House of Commons.
F19Group AB
F18 Scottish Parliament and Scottish Executive
Sch. 1 Pt. III Group AB inserted (6.5.1999) by 1998 c. 46, s. 85(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3
a
members of the Scottish Parliament;
b
members of the Scottish Executive; and
c
junior Scottish Ministers.
Group B
F20European Parliament
Reference substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)
Representatives to the F20European Parliament.
F22Group BA
Sch. 1 Pt. III Group BA inserted (1.4.1999) by 1998 c. 38, ss. 125, 152, Sch. 12 para. 20 (with s. 143(2)); S.I. 1999/782, art. 2
F21National Assembly for Wales
Sch. 1 Pt. III Group BA inserted (1.4.1999) by 1998 c. 38, ss. 125, 152Sch. 12 para. 20 (with s. 143(2)); S.I. 1999/782, art. 2
Members of the National Assembly for Wales.
F24Group BBPublic Officials
Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3Sch. 1 Pt. I para. 9
F23The Auditor General for Scotland.
Group C
The Forces
F40Members of the regular forces within the meaning of the Armed Forces Act 2006 (see section 374 of that Act).
Group D
Medical and similar professions
The following, if actually practising their profession and registered (whether fully or otherwise), enrolled or certified under the enactments relating to that profession—
a
medical practitioners;
b
dentists;
c
nurses;
d
midwives;
e
pharmaceutical chemists; and
f
veterinary surgeons and veterinary practitioners.
F26Group DD
Sch. 1 Pt. III Group DD inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2) Sch. 4 para. 32(4)(c)
F25 Members of certain religious bodies
Sch. 1 Pt. III Group DD inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2), Sch. 4 para. 32(4)(c)
In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service.
Group E
Ministers of religion etc.
a
persons in holy orders;
b
regular ministers of any religious denomination; and
c
vowed members of any religious order living in a monastery, convent or other religious community.
Group F
Others
F38a
persons who have served as a juror in the period of 5 years ending with the date on which the person is cited first to attend;
aa
persons who have attended for jury service, but have not served as a juror, in the period of 2 years ending with the date on which the person is cited first to attend;
ab
persons who have attained the age of 71;
b
persons excused by the direction of any court from jury service during a period which has not terminated.
C1SCHEDULE 2 Minor and Consequential Amendments
The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
The Juries (Scotland) Act 1826 (c. 8)
1
In section 4 (names of jurors may be passed over, in making returns of jurors for the purposes of civil trials, where they have died or are no longer qualified), for the words “become disqualified as a juror, whether from loss of property, absence, or other legal cause” there shall be substituted the words “
cease to be qualified to serve as a juror
”
.
The Executors (Scotland) Act 1900 (c. 55)
2
In section 3 (persons who may be confirmed executors nominate), after the words “Supreme Court” there shall be inserted the words “
or the sheriff court
”
.
The Juries Act 1949 (c. 27)
3
For section 24(1) (payments in respect of jury service) there shall be substituted the following subsection—
1
Subject to the provisions of this Part of this Act, a person who serves as a juror shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payment, at rates determined by the Secretary of State with the consent of the Minister for the Civil Service and subject to any prescribed conditions, by way of allowance—
a
for travelling and subsistence; and
b
for financial loss, where in consequence of his attendance for that purpose he has incurred any expenditure (other than on travelling and subsistence) to which he would not otherwise be subject or he has suffered any loss of earnings, or of benefit under the enactments relating to social security, which he would otherwise have made or received.
4
In section 25(2)
(sums for payments to jurors), for the words “to (c)” there shall be substituted the words “
and (b)
”
.
The Betting, Gaming and Lotteries Act 1963 (c. 2)
5
In paragraph 2 (interpretation), of Schedule 1, in the definition of “appropriate authority”, for the word “court”, in both places where it occurs, there shall be substituted the word “
board
”
.
The Crminal Procedure (Scotland) Act 1975 (c. 21)
6
In section 91 (names of jurors may be passed over, in making returns of jurors for the purposes of criminal trials, where they have died or are no longer qualified), for the words “becomes disqualified as a juror, whether from loss of property, absence, or other legal cause” there shall be substituted the words “
ceases to be qualified to serve as a juror
”
.
7
In section 130(5)
(objection to juror on grounds of lack of qualification), for the words “1 of the Jurors (Scotland) Act 1825” there shall be substituted the words “
1(1) of the Law Reform (Miscellaneous Provisions)
(Scotland) Act 1980
”
.
The Lotteries and Amusements Act 1976 (c. 32)
8
In paragraph 1 (interpretation), of Schedule 3—
a
for sub-paragraph (1)(c) there shall be substituted the following sub-paragraph—
c
in relation to any premises in Scotland in respect of which a hotel licence or a public house licence is for the time being in force, the licensing board for the licensing area in which the premises are situated;
b
in sub-paragraph (2), for the words from “ hotel” to “1959” there shall be substituted the words—
“hotel licence”, “licensing area”, “licensing board” and “public house licence” have the same meanings as in the Licensing (Scotland) Act 1976;
The Licensing (Scotland) Act 1976 (c. 66)
9
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3. . . F30
Ss. 11(2), 28(2), Sch. 3 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 3
Sch. 1 Pt. III Group AB inserted (6.5.1999) by 1998 c. 46, s. 85(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3