PART VII

Solemn Proceedings

Jurors for sittings

Juries: citation and attendance of jurors.
85
1
It shall not be necessary to serve any list of jurors upon the accused, . . ..
2
A list of jurors shall—
a
be prepared and kept in such form and manner; and
b
contain such minimum number of names,
as may be prescribed by Act of Adjournal.
2A
The clerk of the court before which the trial is take place shall, on an application made to him by or on behalf of an accused, supply the accused, free of charge, on the day on which the trial diet is called, and before the oath has been administered to the jurors for the trial of the accused, with a copy of a list of jurors prepared under subsection (2) above.
2B
Where an accused has been supplied under subsection (2A) above with a list of jurors—
a
neither he nor any person acting on his behalf shall make a copy of that list, or any part thereof; and
b
he or his representative shall return the list to the clerk of the court after the oath has been administered to the jurors for his trial.
2C
A person who fails to comply with subsection (2B) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
3
It shall not be necessary to summon all the jurors contained in any list of jurors under this Act, but it shall be competent to summon such jurors only, commencing from the top of the list, as may be necessary to ensure a sufficient number for the trial of the cases which remain for trial at the date of the citation of the jurors, and such number shall be fixed by the clerk of the court in which the trial diet is to be called, or in any case in the High Court by the Clerk of Justiciary, and the jurors who are not so summoned shall be placed upon the next list issued, until they have attended to serve.
4
The sheriff clerk of—
a
the sheriffdom in which the High Court is to sit, or
b
the sheriff court district in which a trial in the sheriff court is to be held,
shall fill up and sign a proper citation addressed to each . . . juror, and shall cause the same to be transmitted to him by letter, sent to him at his place of residence as stated in the lists of potential jurors ... or to be served on him by an officer of law; and a certificate under the hand of such sheriff clerk of the citation of any jurors or juror in the manner provided in this subsection shall be a legal citation.
4A
Citation of a juror may also be effected by an electronic citation which is sent—
a
by or on behalf of the sheriff clerk; and
b
by means of electronic communication,
to the home or business email address of the juror.
4B
Citation under subsection (4A) above is a legal citation if the sheriff clerk possesses a legible version of an electronic communication which—
a
is signed by electronic signature by the person who signed the citation;
b
includes the citation; and
c
bears to have been sent to the home or business email address of the juror being cited.
4C
In subsection (4A) above, an “electronic citation”
is a citation in electronic form which—
a
is capable of being kept in legible form; and
b
is signed by electronic signature by or on behalf of the sheriff clerk.
5
The sheriff clerk of the sheriffdom in which the High Court is to sit on any particular day shall issue citations to the whole jurors required for trials to be held in the High Court sitting in the sheriffdom on that day , whether the jurors reside in that or in any other sheriffdom.
6
Persons cited to attend as jurors may, unless they have been excused in respect thereof under section 1 or 1A of the Law Reform (Miscellaneous Provisions) (Scotland) Act l980, be fined up to level 3 on the standard scale if they fail to attend in compliance with the citation.
7
A fine imposed under subsection (6) above may, on application, be remitted—
a
by a Lord Commissioner of Justiciary where imposed in the High Court;
b
by the sheriff court where imposed in the sheriff court,
and no court fees or expenses shall be exigible in respect of any such application.
8
A person shall not be exempted by sex or marriage from the liability to serve as a juror.
Words in s. 85(1) repealed (1.8.1997) by 1997 c. 48, ss. 58(2), 62(2), Sch. 3; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)
S. 85(2)(2A)(2B)(2C) substituted (1.8.1997) for s. 85(2) by 1997 c. 48, s. 58(3); S.I. 1997/1714, art. 3, Sch. (subject to arts. 4, 5)
1980 c.55.
S. 85(2) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 30(a); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
Words in s. 85(5) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 30(c)(i); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
Words in s. 85(5) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 30(c)(ii); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
Words in s. 85(4) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 93(3)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.
Word in s. 85(4) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 93(3)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.
Words in s. 85(6) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 203, 206(1), Sch. 7 para. 48; S.S.I. 2010/413, art. 2, Sch.
S. 85(4A)-(4C) inserted (1.11.2012) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 29, 84(1); S.S.I. 2012/274, art. 2, sch.
Words in s. 85(4) repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 44; S.S.I. 2015/77, art. 2(2)(3), sch.