Trial by jury in Scotland

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Trial by jury in Scotland is used in the courts of Scotland in solemn procedure for trial on indictment before a judge and jury of fifteen for serious criminal cases, and in certain civil cases (mainly personal injury claims.) In criminal trials conviction is on the basis of a majority verdict, with eight jurors required to decide that the accused is guilty; should fewer than eight jurors declare a guilty verdict then the accused is acquitted. Thus, a hung jury is an impossibility in Scottish criminal law, but in civil trials a hung jury is possible. Some people were executed on majority verdicts in Scotland, such as Susan Newell, who had one juror dissenting.

Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Under Scots law a jury in a criminal trial must have at least twelve jurors for a case to continue, and at least eight jurors must declare guilt into order to convict. The jury has a choice of three verdicts: guilty (a conviction), not guilty (acquittal) and not proven (also acquittal).

The pool of potential jurors is chosen purely at random, and Scottish courts have set themselves against any form of jury vetting.

History

During World War II the Administration of Justice (Emergency Provisions) (Scotland) Act 1939 provided that both civil and criminal juries would have seven members, of whom two would be special members, except for trials for treason or murder, or where a case in the High Court of Justiciary required the regular jury of fifteen on the "gravity of matters in issue".^[1]

Eligibility

The rules of eligibility for jury service are broadly similar to England, but some people with legal experience are excluded. Those who meet all of the following criteria are eligible for jury service:

• British, Irish, Commonwealth and European Union citizens on the Electoral Register;
• aged 18 or over;
• ordinarily resident in the UK, Channel Islands or the Isle of Man for any period of at least 5 years since the age of 13; and
• not disqualified for whatever reason.

Selection of jurors (criminal cases)

In criminal cases, there need to be at least 30 potential jurors present in the court for the balloting of a jury to begin. The names of the potential jurors are written on paper slips and drawn out of a glass bowl in open court by the clerk. The jurors then take the oath collectively and swear by "almighty God" without using any religious text. Those who prefer to affirm then do so collectively.

Comparisons with England and Wales

There are some similarities with the jury system in England and Wales but also some important differences.

References

External links

• Information for jurors in Scotland
• Text of the Criminal Procedure (Scotland) Act 1995
• The Modern Scottish Jury in Criminal Trials