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SCHEDULES

Section 1.

SCHEDULE 1S Ineligibility for and Disqualification and Excusal from Jury Service

Part IS Persons Ineligible

Group AS

The JudiciaryS

[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

F1Sch. 1 Pt. I 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)

Group BS

Others concerned with the administration of justiceS

(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 [F11section 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 M11968 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)

F4Sch. 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)

F5Sch. 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)

F6Sch. 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)

F7Sch. 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)

F10Sch. 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

F11Words 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)

F12Sch. 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).

F13Sch. 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)

F14Sch. 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

Group CS

The mentally disorderedS

(Expressions used in this Group are to be construed in accordance with the [F16Mental 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, [F17detained 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

F19Sch. 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 IIS 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 [F20detention 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 [F21protected] persons for the purposes of the Rehabilitation of Offenders Act M2 1974.

[F22(bb)persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made—

[F23(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)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F25(v)a community order within the meaning of section 177 of the Criminal Justice Act 2003 [F26or imposed under Chapter 2 of Part 9 of the Sentencing Code];

(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 [F27protected] persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);]

[F28(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

F22Sch. 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.

F25Sch. 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))

F26Words in Sch. 1 Pt. II inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 61 (with Sch. 27); S.I. 2020/1236, reg. 2

F28Sch. 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

Part IIIS Persons Excusable as of Right

Group AS

ParliamentS

(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.

[F29Group ABS

Textual Amendments

F29Sch. 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

F30 Scottish Parliament and Scottish ExecutiveS

Textual Amendments

F30Sch. 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 BS

[F31European Parliament]S

Textual Amendments

F31Reference substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

Representatives to the [F31European Parliament].

[F32Group BAS

Textual Amendments

F32Sch. 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

F33National Assembly for WalesS

Textual Amendments

F33Sch. 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.]

[F34Group BBSPublic Officials

Textual Amendments

F34Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3 Sch. 1 Pt. I para. 9

F35The Auditor General for Scotland.]

Textual Amendments

F35Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 9

Group CS

The ForcesS

[F36Members of the regular forces within the meaning of the Armed Forces Act 2006 (see section 374 of that Act).]

Textual Amendments

F36Words in Sch. 1 Pt. III substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(5), 3(3); S.I. 2018/799, reg. 2

Group DS

Medical and similar professionsS

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.

[F37Group DD]S

Textual Amendments

F37Sch. 1 Pt. III Group DD inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2) Sch. 4 para. 32(4)(c)

[F38 Members of certain religious bodiesS

Textual Amendments

F38Sch. 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 ES

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 FS

OthersS

[F39(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

F39Words 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.