PART 26JURORS

Appeal against officer’s refusal to excuse or postpone jury service26.1

1

This rule applies where a person summoned for jury service in the Crown Court, the High Court or the county court wants to appeal against a refusal by an officer on the Lord Chancellor’s behalf—

a

to excuse that person from such service; or

b

to postpone the date on which that person is required to attend for such service.

2

The appellant must appeal to the court to which the appellant has been summoned.

3

The appellant must—

a

apply in writing, as soon as reasonably practicable; and

b

serve the application on the court officer.

4

The application must—

a

attach a copy of—

i

the jury summons, and

ii

the refusal to excuse or postpone which is under appeal; and

b

explain why the court should excuse the appellant from jury service, or postpone its date, as appropriate.

5

The court to which the appeal is made—

a

may extend the time for appealing, and may allow the appeal to be made orally;

b

may determine the appeal at a hearing in public or in private, or without a hearing;

c

may adjourn any hearing of the appeal; but

d

must not determine an appeal unless the appellant has had a reasonable opportunity to make representations in person.

[Note. See sections 9 and 9A of the Juries Act 1974592.

Where a person summoned for jury service—

a

fails to attend as required; or

b

after attending as required, when selected under rule 25.6—

i

is not available, or

ii

is unfit for jury service by reason of drink or drugs

that conduct may be punished as if it were a contempt of court. See section 20 of the Juries Act 1974 and rules 48.5 to 48.8 (contempt of court). The maximum penalty which the court can impose is a fine of £1,000.]