Victims, Witnesses, and Justice Reform (Scotland) Act 2025

64 Jury service: assistance for jurors with communication

(1) The 1995 Act is amended as follows.

(2) After section 88 (plea of not guilty, balloting and swearing of jury, etc.) insert—

“88A Communication supporters for jurors

(1) This section applies where it appears to the court that a juror balloted in accordance with section 88(2) requires assistance with communication as a result of physical disability in order to participate effectively in the trial as a juror.

(2) The court may, before the charge is read to the jury in accordance with section 88(5), appoint a person (a “juror’s communication supporter”) to provide that assistance to the juror.

(3) More than one person may be appointed as a juror’s communication supporter in relation to a juror, and a juror’s communication supporter may be appointed in relation to more than one juror.

(4) Where a juror’s communication supporter is appointed, the court must, before reading the charge to the jury, administer the oath to the supporter.

(5) Where in the course of proceedings a juror’s communication supporter ceases, for whatever reason, to act as such, the court may appoint a person as a juror’s communication supporter in their place and subsection (3) applies in relation to such an appointment as it applies to an appointment under subsection (2).

(6) The court must, as soon as reasonably practicable after a juror’s communication supporter is appointed under subsection (5), administer the oath to the supporter.

(7) Before appointing a person as a juror’s communication supporter under this section, the court must give the prosecutor and the accused the opportunity to make representations.”.

(3) In section 99 (seclusion of jury to consider verdict)—

(a) after subsection (2) insert—

“(2A) Subsections (1) and (2) are subject to subsection (2B).

(2B) A juror’s communication supporter may—

(a) be present with the jury while they are enclosed,

(b) visit or communicate with a juror, and

(c) accompany a juror who comes out of the jury room to receive or seek a direction, or to make a request for instruction or regarding any matter, as mentioned in subsection (2)(b).”,

(b) after subsection (7) insert—

“(8) In subsection (2B), a “juror’s communication supporter” has the meaning given by section 88A(2).”.