Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

SCHEDULES

SCHEDULE 1 S Ineligibility for and Disqualification and Excusal from Jury Service

Part I S Persons Ineligible

Group A S

The Judiciary S

(a)

Lords of Appeal;

(b)

Senators of the College of Justice;

(c)

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 S

Others concerned with the administration of justice S

(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;

(g)

Inspectors of Constabulary appointed by Her Majesty;

(h)

assistant inspectors of constabulary appointed by the Secretary of State;

(i)

constables of any police force (including constables engaged on central service within the meaning of section 38 of the Police (Scotland) Act M1 1967);

(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;

(n)

persons employed under section 9 of the said Act of 1967 for the assistance of the constables of a police force;

(na)

[F1 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;]

(o)

officers of, and members of visiting committees for, prisons, remand centres, detention centres, borstal institutions and young offenders institutions;

(oo)

[F2 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 [F3 section 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 M2 1968 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;

(v)

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(wa)

[F5 members and employees of the Scottish Criminal Cases Review Commission;]

Textual Amendments

F1 Sch. 1 Pt. I Group B paras. (na)(nb) inserted (23.7.1999 for specified purposes and otherwise 1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 41; S.I. 1997/1377, art. 4(2)(p); S.I. 1998/354, art. 2(ay)(bb)

F2 Sch. 1 Pt.I Group B para. (oo) inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 45; S.I. 1995/127, art. 2(1) Appendix B

F3 Words in Sch. 1 Pt. I Group B para. (p) substituted (1.4.1996) by 1995 c. 40 ss.5, 7(2), Sch. 4 para. 45(a)

F4 Sch. 1 Pt. I Group B para. (v) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I; S.I. 1993/2050, art. 3(4).

F5 Sch. 1 Pt. I Group B para. (wa) inserted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1 para. 7; S.I. 1997/3004, art. 2, Sch.

Marginal Citations

M1 1967 c. 77.

M2 1968 c. 49.

Group C S

The mentally disordered S

(Expressions used in this Group are to be construed in accordance with the Mental Health (Scotland) Act M3 1960.)

(a)

Persons who are receiving medical treatment for mental disorder and either—

(i)

are, for the purposes of that treatment, resident in a hospital; or

(ii)

attend on more than one day of each week to receive that treatment;

(b)

[F6 persons for the time being subject to guardianship under the Adults with Incapacity (Scotland) Act 2000 (asp 4).]

Textual Amendments

F6 Sch. 1 Pt. I Group C para. (b) substituted (1.4.2002) for paras. (b)(c) by 2000 asp 4, s. 88(2), Sch. 5 para. 16; S.I. 2001/81, art. 3, Sch. 2

Marginal Citations

M3 1960 c. 61.