Juries Act 1974

SCHEDULES

Sections 1 and 9.

F1 SCHEDULE 1 E+W Ineligibility and Disqualification for and Excusal from Jury Service

Textual Amendments

F1 Sch. 1 substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 15; S.I. 2004/829, art. 2(1)(2)(g) (subject to art. 2(3)-(6))

Part I E+W Persons Ineligible

Group A E+W

The Judiciary E+W

Holders of high judicial office within the meaning of the Appellate Jurisdiction Act M1 1876.

Marginal Citations

M1 1876 c. 59.

Circuit judges and Recorders.

Masters of the Supreme Court.

Registrars and assistant registrars of any court.

[F2 District Judges (Magistrates’ Courts)].

Textual Amendments

F2 Words in Sch. 1 Pt. I Group A substituted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 22; S.I. 2000/1920, art. 3(a)

Justices of the peace.

The Chairman or President, the Vice-Chairman or Vice-President, and the registrar and assistant registrar of any Tribunal.

A person who has at any time been a person falling within any description specified above in this Group.

Group B E+W

Others concerned with administration of justice E+W

Barristers and solicitors, whether or not in actual practice as such.

[F3 Any person who is not a barrister or solicitor but who is an authorised advocate or authorised litigator (as defined by section 119(1) of the Courts and Legal Services Act 1990) and—

(a)

any legal executive or person corresponding to a legal executive; or

(b)

any person corresponding to a barristers’ clerk or assistant clerk,

who is employed by such an authorised advocate or authorised litigator.]

Solicitors’ articled clerks.

Barristers’ clerks and their assistants.

Legal executives in the employment of solicitors.[F4 Public Notaries]

The Director of Public Prosecutions and members of his staff.

Officers employed under the Lord Chancellor and concerned wholly or mainly with the day-to-day administration of the legal system or any part of it.

Officers and staff of any court, if their work is wholly or mainly concerned with the day-to-day administration of the court.

Coroners, deputy coroners and assistant coroners.

[F5 Justices’ chief executives, justices’ clerks and justices’ clerks’ assistants.].

F6 . . .

Active Elder Brethren of the Corporation of Trinity House of Deptford Strond.

A shorthandwriter in any court.

[F7 A court security officer within the meaning of Part IV of the Criminal Justice Act 1991.]

Governors, chaplains, medical officers and other officers of penal establishments; members of boards of visitors for penal establishments.

(“Penal establishment” for this purpose means any [F8 establishment regulated by the Prison Act 1952]).

[F9 Prisoner custody officers within the meaning of Part IV of the Criminal Justice Act 1991.]

[F10 Custody officers within the meaning of Part I of the Criminal Justice and Public Order Act 1994]

The warden or a member of the staff of a F11 . . ., probation hostel or bail hostel F12 . . ..

[F13 The warden or a member of the staff of approved premises (within the meaning of Part I of the Criminal Justice and Court Services Act 2000)

,]

Probation officers and persons appointed to assist them.

[F14 The chief officer and members of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.

F14 Any person who performs the functions of a chief officer of a local probation board in accordance with a management order made under section 10 of the Criminal Justice and Court Services Act 2000.

F14 Any person who performs the functions of an officer of a local probation board under section 5(2) of the Criminal Justice and Court Services Act 2000

.]

Members of the Parole Board; members of local review committees established under the Criminal Justice Act M2 1967

[F15 Members and employees of the Criminal Cases Review Commission.]

[F16 Chairman and members of the Independent Police Complaints Commission and any member of its staff who is not otherwise ineligible.]

A member of any police force [F17 (including a person on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996)]; special constables; a member of any constabulary maintained under statute; a person employed in any capacity by virtue of which he has the powers and privileges of a constable.

A member of a police authority within the meaning of [F17 the Police Act 1996]; a member of any body (corporate or other) with responsibility for appointing members of a constabulary maintained under statute.

Inspectors of Constabulary appointed by Her Majesty: assistant inspectors of constabulary appointed by the Secretary of State.

[F18 Civilians employed for police purposes under][F17 section 15 of the Police Act 1996] ; members of the metropolitan civil staffs within the meaning of section 15 of the Superannuation (Miscellaneous Provisions) Act M3 1967 (persons employed under the Commissioner of Police of the Metropolis, Inner London justices’ clerks, etc.).

• [F19 A member of the National Criminal Intelligence Service or the National Crime Squad.

• A member of the Service Authority for the National Criminal Intelligence Service; a member of the Service Authority for the National Crime Squad; a person employed by the Service Authority for the National Criminal Intelligence Service under section 13 of the Police Act 1997 or by the Service Authority for the National Crime Squad under section 58 of that Act.]

A person in charge of, or employed in, any forensic science laboratory.

A person who at any time within the last ten years has been a person falling within any description specified above in this Group.

Textual Amendments

F3 Entry inserted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 5; S.I. 1991/608, art. 2, Sch.

F4 Entry inserted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(2), Sch. 17 para. 7; S.I. 1991/608, art. 2, Sch.

F5 Words in Sch. 1 Pt. I Group B substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 para 28; S.I. 1995/685, arts. 4, 7(2)(d)

F6 Words in Sch. 1 Pt. I Group B repealed (1.4.1995) by 1994 c. 29, s. 93, Sch 9 Pt. II; S.I. 1995/685, arts. 4 and 8(d)

F7 Words in Sch. 1 inserted (1.4.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 18(2); S.I. 1992/333, art. 2(1), Sch. 1

F8 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 paras. 8, 16

F9 Words in Sch. 1 inserted (1.4.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 18(3); S.I. 1992/333, art. 2(1), Sch. 1

F10 Entry inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 29; S.I. 1995/127, art. 2(1), Sch. 1 Appendix B

F11 Words in Sch. 1 Pt. I group B repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch. 3 para. 5

F12 Words in entry in Sch. 1 Pt. I Group B repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 47(2)(a), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)

F13 Entry in Sch. 1 Pt. I Group B inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 47(2)(b); S.I. 2001/919, art. 2(f)(ii)

F14 Entries in Sch. 1 Pt. I Group B inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 47(2)(c); S.I. 2001/919, art. 2(f)(ii)

F15 Entry in Sch. 1 Pt. I inserted (1.1.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 8; S.I. 1996/3149, art. 3

F16 Words in Sch. 1 Pt 1 inserted (1.4.2004) by Police Reform Act 2002 (c. 30), ss. 107, 108(2), Sch. 7 para. 3; S.I. 2004/913, art. 2(e)

F17 Words in Sch. 1 Pt. I Group B substituted (22.8.1995) by 1996 c. 16, ss. 103, 104, Sch.7 Pt. II para. 23

F18 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F19 Entry in Sch. 1 Pt. I Group B inserted (23.7.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 27; S.I. 1997/1377, art. 4 and S.I. 1998/354, art. 2(2)(bb)

Marginal Citations

M2 1967 c. 80.

M3 1967 c. 28.

Group C E+W

The clergy, etc. E+W

A man in holy orders.

A regular minister of any religious denomination.

A vowed member of any religious order living in a monastery, convent or other religious community.

[F20 Group D] E+W

Textual Amendments

F20 Group D of Sch. 1 substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), ss. 65(1), 69(6), Sch. 3 para. 48, Sch. 5 para. 1

Mentally disordered persons E+W

A person who suffers or has suffered from mental illness, psychopathic disorder, mental handicap or severe mental handicap and on account of that condition either—

(a)

is resident in a hospital or other similar institution; or

(b)

regularly attends for treatment by a medical practitioner.

A person for the time being in guardianship under [F21 section 7 of the Mental Health Act 1983]. A person who, under [F21 Part VII of that Act], has been determined by a judge to be incapable, by reason of mental disorder, of managing and administering his property and affairs. (In this Group—

(a)

“mental handicap”means a state of arrested or incomplete development of mind (not amounting to severe mental handicap) which includes significant impairment of intelligence and social functioning;

(b)

“severe mental handicap”means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning;

(c)

other expressions are to be construed in accordance with [F21 the said Act of 1983.)]

Textual Amendments

F21 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 37

Part II E+W PERSONS DISQUALIFIED

A person who has at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—

(a)

to imprisonment for life [F22 , custody for life or to a term of imprisonment or youth custody of five years or more]: or

(b)

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.

[F23 A person who at any time in the last ten years has, in the United Kingdom or the Channel Islands or the Isle of Man—

(a)

served any part of a sentence of imprisonment, youth custody or detention, or

(b)

been detained in a Borstal institution; or

(c)

had passed on him or (as the case may be) made in respect of him a suspended sentence of imprisonment or order for detention; or

(d)

had made in respect of him a community service order.

A person who at any time in the last five years has, in the United Kingdom or the Channel Islands or the Isle of Man, [F24 had made in respect of him a probation order.]]

Textual Amendments

F22 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 35(b)(i)

F23 Words substituted by Juries Disqualification Act 1984 (c. 34, SIF 72:1), s. 1(1)(2)

F24 Words in Sch. 1 Pt. II substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 47(3); S.I. 2001/919, art. 2(f)(ii)

Part III E+W PERSONS EXCUSABLE AS OF RIGHT

Modifications etc. (not altering text)

C1 Sch. 1 Pt. III amended by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20(1), Sch. 3 para. 1

[F25 General] E+W

Textual Amendments

F25 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 119(2), 123(6), Sch. 8 para. 16

[F25 Persons more than sixty-five years of age.]

Parliament E+W

Peers and peeresses entitled to receive writs of summons to attend the House of Lords.

Members of the House of Commons.

Officers of the House of Lords.

Officers of the House of Commons.

[F26 Scottish Parliament and Scottish Executive E+W

Textual Amendments

F26 Entry in Sch. 1 Pt. III inserted (6.5.1999) by 1998 c.46, s. 85(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3

Members of the Scottish Parliament.

Members of the Scottish Executive.

Junior Scottish Ministers.]

[F27 European Parliament E+W

Textual Amendments

F27 Heading and words in Sch. 1 Pt. 3 substituted (24.10.2002) by European Parliamentary Elections Act 2002 (c.24), ss. 15, 18(2), Sch. 3 para. 2

Members of the European Parliament.]

[F28 National Assembly for Wales E+W

Textual Amendments

F28 Entry in Sch. 1 Pt. III inserted (1.2.1999) by 1998 c. 38, s. 125, Sch. 12 para.18 (with ss. 139(2), 143(2)); S.I. 1999/118, art. 2

Members of the National Assembly for Wales.

The Auditor General for Wales.]

[F29 Public Officials] E+W

Textual Amendments

F29 Sch. 1 Pt. III: Entry headed “Public Officials” inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 7

[F29 The Auditor General for Scotland.]

The Forces E+W

Full-time serving members of—

any of Her Majesty’s naval, military or air forces,

. . . F30

Textual Amendments

F30 Words repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I note

. . . F30 , . . . F31 .

Textual Amendments

F31 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

(A person excusable under this head shall be under no obligation to attend in pursuance of a summons for jury service if his commanding officer certifies to the officer issuing the summons that it would be prejudicial to the efficiency of the service if the person were required to be absent from duty.)

Medical and other similar professions E+W

The following, if actually practising their profession and registered (including provisionally or temporarily registered), enrolled or certified under the enactments relating to that profession—

medical practitioners,

dentists,

nurses,

midwives,

veterinary surgeons and veterinary practitioners,

pharmaceutical chemists.

[F32 Members of certain religious bodies E+W

Textual Amendments

F32 Entry in Sch. 1 Pt. III inserted (3.2.1995) by 1994 c. 33, s. 42; S.I. 1995/127, art. 2(1), Sch. 1

A practising member of a religious society or order the tenets or beliefs of which are incompatible with jury service.]

SCHEDULE 2 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F33 Sch. 2 repealed by Coroners Act 1988 (c. 13, SIF 33), ss. 33, 36(2), Sch. 4

Section 22(4)

SCHEDULE 3 E+W Repeals

Modifications etc. (not altering text)

C2 The text of s. 22(1)(4) and Sch. 3 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.