Law Weblog

Those parts of the Criminal Justice Act 2003 which increase the pool of potential jurors, came into effect today.

Monday 5 April 2004 at 4:48 pm | In News | Post Comment

All registered electors in England and Wales, except people with a mental illness and those convicted of certain criminal offence, must now serve on a jury if summoned.

Jury service – which usually lasts for up to 10 working days – is compulsory for anyone summoned who is on the electoral register, between the ages of 18 and 70 and has lived in the UK, Channel Islands or Isle of Man for a continuous period of at least 5 years since the age of 13.

1. Compelling reasons why eligible people could defer include: death or illness of a close relative, health reasons, pre-booked holiday, full time serving members of the armed forces where the commanding officer certifies that the person’s absence would be detrimental and religious festivals.
2. Compelling reasons why eligible people could be excused include: insufficient understanding of English, certain care responsibilities and being a member of a religious order or society whose beliefs are incompatible with jury service (evidence must be provided).
3. A juror may appeal against a decision by the Head of the Jury Central Summoning Bureau to refuse an application for excusal but the appeal must be heard by a judge.
4. Section 321 of Schedule 33 of the Criminal Justice Act 2003 abolishes the categories of ineligibility and excusal as of right contained in schedule 1 of the Juries Act 1974.
5. The Act also places a statutory duty on the Lord Chancellor to publish guidance about the way in which the Jury Central Summoning Bureau will exercise its function on discretionary deferrals and excusal under sections 9 and 9A of the 1974 Act.
6. Under the new legislation anyone who does not wish to serve as a juror will be required to show “good reason” why he or she should not serve as summoned. It will then be for the Jury Central Summoning Bureau, taking account of the guidance issued by the Lord Chancellor, to consider whether or not to grant the application for excusal or deferral.

Court Service guidance here