Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

Section 1.

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;

(o)

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

(oo)

[F1 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 section 462(1) of the Criminal Procedure (Scotland) Act M2 1975, 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 M3 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)

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F1 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

F2 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).

Marginal Citations

M1 1967 c. 77.

M2 1975 c. 71.

M3 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 M4 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)

persons incapable by reason of mental disorder of adequately managing and administering their property and affairs and for whom acurator bonishas accordingly been appointed; and

(c)

persons for the time being in guardianship under section 25 of the said Act of 1960.

Marginal Citations

M4 1960 c. 61.

Part II S 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 [F3 detention or youth custody], being a sentence for a term of 3 months or more; or

(ii)

been detained in a borstal institution,

and who are not rehabilitated persons for the purposes of the Rehabilitation of Offenders Act M5 1974.

Textual Amendments

F3 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 124, Sch. 8 para. 16, Sch. 9 para. 4

Marginal Citations

M5 1974 c. 53.

Part III S Persons Excusable as of Right

Group A S

Parliament S

(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.

Valid from 06/05/1999

[F4 Group AB S

Textual Amendments

F4 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

F5 Scottish Parliament and Scottish Executive S

Textual Amendments

F5 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 S

[F6 European Parliament] S

Textual Amendments

F6 Reference substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

Representatives to the [F6 European Parliament].

Valid from 01/04/1999

[F7 Group BA S

Textual Amendments

F7 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

F8 National Assembly for Wales S

Textual Amendments

F8 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

Members of the National Assembly for Wales.]

Valid from 06/05/1999

[F9 Group BB S Public Officials

Textual Amendments

F9 Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3 Sch. 1 Pt. I para. 9

F10 The Auditor General for Scotland.]

Textual Amendments

F10 Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 9

Group C S

The Forces S

Full-time serving members of—

(a) any of Her Majesty’s naval, military or air forces;

(b) the Women’s Royal Naval Service;

(c) Queen Alexandra’s Royal Naval Nursing Service; or

(d) any Voluntary Aid Detachment serving with the Royal Navy.

Group D S

Medical and similar professions S

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.

Valid from 31/03/1996

[F11 Group DD] S

Textual Amendments

F11 Sch. 1 Pt. III Group DD inserted (31.3.1996) by 1995 c. 20, s.7(2)(b); S.I. 1996/517, art. 3(2) (with arts. 4-6, Sch. 2) (which insertion fell (1.4.1996) by reason of the repeal of 1995 c. 20 by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3, 16, 17))

[F12 Members of certain religious bodies S

Textual Amendments

F12 Sch. 1 Pt. III Group DD inserted (31.3.1996) by 1995 c. 20, s.7(2)(b); S.I. 1996/517, art. 3(2) (with arts. 4-6, Sch. 2) (which insertion fell (1.4.1996) by reason of the repeal of 1995 c. 20 by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3, 16, 17))

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 S

Ministers of religion etc. S

(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 S

Others S

(a)

Persons whose obedience to the citation for jury service would result in their serving, or duly attending for service, more than once in any period of five years; and

(b)

persons excused by the direction of any court from jury service during a period which has not terminated.