Courts Reform (Scotland) Act 2014

63 Civil jury trials in an all-Scotland sheriff court

(1) This section applies in relation to relevant proceedings in an all-Scotland sheriff court.

(2) If the proceedings are remitted to probation, they must be tried by jury unless—

(a) the parties agree otherwise, or

(b) special cause is shown.

(3) Facts or circumstances constitute special cause for the purposes of subsection (2)(b) only if they would constitute special cause for the purpose of section 9(b) of the Court of Session Act 1988 (allowing of proof by Lord Ordinary).

(4) The questions to be put to the jury are to be—

(a) approved by the sheriff, and

(b) specified by the sheriff in an interlocutor.

(5) The jury is to consist of 12 jurors.

(6) Proceedings which are to be tried by jury under this section are referred to in this Chapter as “jury proceedings”.

(7) In this section, “relevant proceedings” means proceedings—

(a) of a type specified in an order under section 41(1), and

(b) which would be a jury action within the meaning of section 11 of the Court of Session Act 1988 if the same proceedings were (disregarding section 39)—

(i) taken by an action in the Court of Session, and

(ii) remitted to probation there.