Jurors (Scotland) Act 1825

1825 CHAPTER 22 6 Geo 4

An Act to regulate the Qualification and the Manner of enrolling Jurors in Scotland, and of choosing Jurors on Criminal Trials there; and to unite Counties for the Purposes of Trial in Cases of High Treason in Scotland.

[20th May 1825]

Modifications etc. (not altering text)

C1 Short title given by Short Titles Act 1896 (c. 14)

C2 Preamble omitted under authority of Statute Law Revision Act 1890 (c. 33)

[1.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1, 2 repealed by Law Reform (Miscellaneous Provisions) Act 1980 (c. 55, SIF 72:2), s. 28(2), Sch. 3

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 1, 2 repealed by Law Reform (Miscellaneous Provisions) Act 1980 (c. 55, SIF 72:2), s. 28(2), Sch. 3

[F3 3 General jury book. U.K.

The sheriff principal of each sheriffdom shall, in respect of each sheriff court district in his sheriffdom, maintain [F4 in such form as may be approved by the Lord Justice-General, two lists (to be known as the “lists of potential jurors”) containing the names, designations and dates of birth of such number as the sheriff principal considers appropriate of—

(a) in the first list, men; and

(b) in the second list, women

within the district who appear to him to be qualified and liable to serve as jurors; and those lists]shall be kept in the sheriff clerk’s office for the district and shall be open on all lawful days to the inspection of any person]

Textual Amendments

F3 S. 3 substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt II para. 4

F4 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 23(1)

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 S. 4 repealed by Juries Act 1949 (c. 27), Sch. 3

5, 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 Ss. 5, 6 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

[F7 7 Jurors for High Court and Court of Session trials in Edinburgh. U.K.

[F8 The Court of Session may by Act of Sederunt], specify the areas from which and the proportions in which jurors are to be summoned for trials in [F8 that court], and for any such trial the sheriff principal of the sheriffdom in which the trial is to take place shall requisition the required number of jurors from the areas and in the proportions so specified.]

Textual Amendments

F7 S. 7 substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt II para. 5

F8 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 1

8, 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 U.K.

Textual Amendments

F9 Ss. 8, 9 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt I

10 Order in which names of jurors are to be taken. U.K.

Provided always, that the sheriffs, in all returns of jurors made by them to any [F10 civil court], shall take the names in regular order, beginning at the top of the lists [F11 of potential jurors], in each of the [F12 sheriff court] districts foresaid respectively, as required; and as often as any juror shall be returned to them, they shall mark or cause to be marked, in the said [F11 lists]of their respective [F12 sheriff court districts] . . . F13 , the date when any such juror shall have been returned to serve; and in all such returns they shall commence with the name immediately after the last in the preceding return, without regard to the court to which the return was last made, and taking the subsequent names in the order in which they shall have been entered, as herein directed, and so to the end of the lists respectively.

Textual Amendments

F10 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 2

F11 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), ss. 23, 59(1), Sch. 2 para. 1

F12 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt II para 8

F13 Words repealed by Juries Act 1949 (c. 27), Sch. 3

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 U.K.

Textual Amendments

F14 Ss. 11, 14 repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 59(2), Sch. 4

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 U.K.

Textual Amendments

F15 S. 12 repealed by Juries Act 1949 (c. 27), Sch. 3

13 Jurors as returned to serve on trials. U.K.

The lists returned as herein directed by the sheriffs to the clerks of court, and none other, shall be used for the several [F16 civil jury] trials for which the same shall have been required.

Textual Amendments

F16 Words inserted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 3

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 U.K.

Textual Amendments

F17 Ss. 11, 14 repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 59(2), Sch. 4

15, 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 U.K.

Textual Amendments

F18 Ss. 15, 16, 18, 20 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt I

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 U.K.

Textual Amendments

F19 S. 17 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt I and expressed to be repealed (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 U.K.

Textual Amendments

F20 Ss. 15, 16, 18, 20 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt I

[F21 19 Jurors may be excused. U.K.

The several [F22 civil] courts foresaid shall respectively have power to excuse any one or more jurors from serving on any trial or trials, the grounds of such excuse being stated in open court.]

Textual Amendments

F21 S. 19repealed (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I

F22 Word inserted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 4

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 U.K.

Textual Amendments

F23 Ss. 15, 16, 18, 20 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt I

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 U.K.

Textual Amendments

F24 S. 21 repealed by Treason Act 1945 (c. 44), Sch.

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 U.K.

Textual Amendments

F25 S. 22 repealed by Statute Law Revision Act 1873 (c. 91)