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- Point in Time (03/12/2004)
- Original (As enacted)
Version Superseded: 04/04/2005
Point in time view as at 03/12/2004.
There are currently no known outstanding effects for the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, SCHEDULE 1.
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Section 1.
Lords of Appeal;
Senators of the College of Justice;
sheriffs;
Justices of the Peace;
stipendiary magistrates;
the chairman or president, the vice-chairman or vice-president and the registrar or assistant registrar of any tribunal; and
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.
Advocates and solicitors, whether or not in actual practice as such;
advocates’ clerks;
apprentices of, and legal trainees employed by, solicitors;
officers and staff of any court if their work is wholly or mainly concerned with the day-to-day administration of the court;
persons employed as shorthand writers in any court;
Clerks of the Peace and their deputies;
Inspectors of Constabulary appointed by Her Majesty;
assistant inspectors of constabulary appointed by the Secretary of State;
constables of any police force (including constables engaged on central service within the meaning of section 38 of the Police (Scotland) Act M11967);
constables of any constabulary maintained under statute;
persons employed in any capacity by virtue of which they have the powers and privileges of police constables;
special constables;
police cadets;
persons employed under section 9 of the said Act of 1967 for the assistance of the constables of a police force;
[F1members of the National Criminal Intelligence Service;
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;]
officers of, and members of visiting committees for, prisons, remand centres, detention centres, borstal institutions and young offenders institutions;
[F2prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994;]
procurators fiscal within the meaning of [F3section 307(1) of the Criminal Procedure (Scotland) Act 1995], and persons employed as clerks and assistants to such procurators fiscal;
messengers at arms and sheriff officers;
members of children’s panels;
reporters appointed under section 36 of the Social Work (Scotland) Act M21968 and their staffs;
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;
members of the Parole Board for Scotland;
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
[F5members and employees of the Scottish Criminal Cases Review Commission;]
Textual Amendments
F1Sch. 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)
F2Sch. 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
F3Words 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)
F4Sch. 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).
F5Sch. 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
(Expressions used in this Group are to be construed in accordance with the Mental Health (Scotland) Act M31960.)
Persons who are receiving medical treatment for mental disorder and either—
are, for the purposes of that treatment, resident in a hospital; or
attend on more than one day of each week to receive that treatment;
[F6persons for the time being subject to guardianship under the Adults with Incapacity (Scotland) Act 2000 (asp 4).]
Textual Amendments
F6Sch. 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
Persons who have at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—
to imprisonment for life or for a term of 5 years or more; or
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;
persons who have at any time in the United Kingdom, the Channel Islands or the Isle of Man—
served any part of a sentence of imprisonment [F7detention or youth custody], being a sentence for a term of 3 months or more; or
been detained in a borstal institution,
and who are not rehabilitated persons for the purposes of the Rehabilitation of Offenders Act M41974.
[F8persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made—
a probation order under section 228(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (section 247 of that Act being disregarded for the purposes of this head);
a drug treatment and testing order under section 234B(2) of that Act;
a community service order under section 238(1) of that Act;
a restriction of liberty order under section 245A(1) of that Act;
a community order as defined by section 33(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
a community order as defined by article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (N.I.24));
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 rehabilitated persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);]
[F9in 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.]
Textual Amendments
F7Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 124, Sch. 8 para. 16, Sch. 9 para. 4
F8Sch. 1 Pt. 2 para. (bb) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 78(1), 89(2) (with s. 78(2)(3)): S.S.I. 2003/288, art. 2, Sch.
F9Sch. 1 Pt. 2 para. (c) inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2), Sch. 4 para. 32(4)(b)
Marginal Citations
(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.
Textual Amendments
F10Sch. 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
Textual Amendments
F11Sch. 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.]
Textual Amendments
F12Reference substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)
Representatives to the [F12European Parliament].
Textual Amendments
F13Sch. 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
Textual Amendments
F14Sch. 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.]
Textual Amendments
F15Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3 Sch. 1 Pt. I para. 9
F16The Auditor General for Scotland.]
Textual Amendments
F16Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 9
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.
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.
Textual Amendments
F17Sch. 1 Pt. III Group DD inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2) Sch. 4 para. 32(4)(c)
Textual Amendments
F18Sch. 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.]
(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.
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
persons excused by the direction of any court from jury service during a period which has not terminated.
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