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

[F1 (a) Justices of the Supreme Court or the President or Deputy President of that Court;]

(b) Senators of the College of Justice;

(c) sheriffs;

[F2 (ca) 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.

Textual Amendments

F1 Sch. 1 Pt. 1 Group A para. (a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 34; S.I. 2009/1604, art. 2(d)

F2 Sch. 1 Pt. 1 Group A para. (ca) inserted (1.4.2016) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.S.I. 2016/142), art. 1, sch. para. 1

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;

[F3 (fa) 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;

[F4 (i) 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;

[F5 (n) persons appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012;]

[F6 (na) 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;]

[F7 (nc) National Crime Agency officers;]

(o) officers of F8 ... prisons, remand centres, detention centres, borstal institutions and young offenders institutions;

[F9 (oa) 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;]

[F10 (oo) 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 [F11 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 M1 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;

F12 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F13 (wza) 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;]

[F14 (wa) members and employees of the Scottish Criminal Cases Review Commission;]

[F15 (wb) chief officers of community justice authorities established under section 3 of theManagement of Offenders etc. (Scotland) Act 2005. ]

Textual Amendments

F3 Sch. 1 Pt. I Group B para. (fa) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 5(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F4 Sch. 1 Pt. I Group B para. (i) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 5(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5 Sch. 1 Pt. I Group B para. (n) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 5(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6 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)

F7 Sch. 1 Pt. I Group B para. (nc) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 27; S.I. 2013/1682, art. 3(v)

F8 Words in Sch. 1 Pt. I Group B para. (o) repealed (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), art. 1, Sch. para. 1(a)

F9 Sch. 1. Pt. 1 Group B para. (oa) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), art. 1, Sch. para. 1(b)

F10 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

F11 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)

F12 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).

F13 Sch. 1 Pt. I Group B para. (wza) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 5(d); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F14 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.

F15 Sch. 1 Pt. 1 Group B para. (wb) inserted (30.6.2006) by The Management of Offenders etc. (Scotland) Act 2005 (Supplementary Provisions) Order 2006 (S.S.I. 2006/389), art. 5

Marginal Citations

M1 1968 c. 49.

Group C S

The mentally disordered S

(Expressions used in this Group are to be construed in accordance with the [F16 Mental 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, [F17 detained 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) F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 (b) persons for the time being subject to guardianship under the Adults with Incapacity (Scotland) Act 2000 (asp 4).]

Textual Amendments

F16 Words in Sch. 1 Pt. 1 Group C substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 10(2)(a)

F17 Words in Sch. 1 Pt. 1 Group C para. (a)(i) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 10(2)(b)

F18 Sch. 1 Pt. 1 Group C para. (a)(ii) repealed (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 3, Sch. 2

F19 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

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 [F20 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 M2 1974.

[F21 (bb) persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made—

[F22 (i) 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) F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a restriction of liberty order under section 245A(1) of that Act;

[F24 (v) a community order within the meaning of section 177 of the Criminal Justice Act 2003;

(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 rehabilitated persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);]

[F25 (c) 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.]

Textual Amendments

F20 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 124, Sch. 8 para. 16, Sch. 9 para. 4

F21 Sch. 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.

F22 Sch. 1 Pt. 2 para. (bb)(i) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 33(a); S.S.I. 2010/413, art. 2(1), Sch.

F23 Sch. 1 Pt. 2 para. (bb)(iii) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 33(b); S.S.I. 2010/413, art. 2(1), Sch.

F24 Sch. 1 Pt. 2 para. (bb)(v)(va) substituted for para. (bb)(v) (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 31; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(15) (with Sch. 2 (as explained by S.I. 2005/2122 and amended by S.I. 2007/391, 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2 , S.I. 2009/616, and S.I. 2009/3111))

F25 Sch. 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

M2 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.

[F26 Group AB S

Textual Amendments

F26 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

F27 Scottish Parliament and Scottish Executive S

Textual Amendments

F27 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

[F28 European Parliament] S

Textual Amendments

F28 Reference substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

Representatives to the [F28 European Parliament].

[F29 Group BA S

Textual Amendments

F29 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

F30 National Assembly for Wales S

Textual Amendments

F30 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.]

[F31 Group BB S Public Officials

Textual Amendments

F31 Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3 Sch. 1 Pt. I para. 9

F32 The Auditor General for Scotland.]

Textual Amendments

F32 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.

[F33 Group DD] S

Textual Amendments

F33 Sch. 1 Pt. III Group DD inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2) Sch. 4 para. 32(4)(c)

[F34 Members of certain religious bodies S

Textual Amendments

F34 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 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

[F35 (a) 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.

Textual Amendments

F35 Words in Sch. 1 Pt. III substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 99(4), 138(2); S.S.I. 2015/247, art. 2, sch.