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The Modern Scottish Jury in Criminal Trials


Annex A Persons ineligible for jury duty

Group A
The Judiciary

(a) Justices of the Supreme Court or the President or Deputy President of the Court (ref Change in Constitutional Reform Act 2005);

(b) Senators of the College of Justice;

(c) 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, is being considered, have come within any description listed above in this Group.

Group B
Others concerned with the administration of justice

(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;

(g) Inspectors of Constabulary appointed by Her Majesty;

(h) assistant inspectors of constabulary appointed by Scottish Ministers;

(i) constables of any police force (including constables engaged on central service within the meaning of section 38 of the Police (Scotland) Act 1967)

(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;

(n) persons employed under section 9 of the said Act of 1967 for the assistance of the constables of a police force;

(o) members of staff of the Serious Organised Crime Agency;

(p) 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;

(q) officers of, and members of visiting committees for, prisons, remand centres, detention centres, borstal institutions and young offenders institutions;

(r) prisoner custody officers within the meaning of section 114 (1) of the Criminal Justice and Public Order Act 1994;

(s) procurators fiscal within the meaning of section 307 (1) of the Criminal Procedure (Scotland) Act 1995, and persons employed as clerks and assistants to such procurator fiscals;

(t) messengers at arms and sheriff officers;

(u) members of children's panels;

(v) reporters appointed under Children (Scotland) Act 1995 and their staffs;

(w) chief social work officer appointed under section 3 of the said Act of 1968 and persons employed to assist such officers in their performance of such of their functions as relate to probation schemes within the meaning of section 27 of that Act;

(x) members of the Parole Board for Scotland;

(y) 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;

(z) members and employees of the Scottish Criminal Cases Review Commission.

(aa) chief officers of community justice authorities established under section 3 of the Management of Offenders, etc (Scotland) Act 2005.