Trial by jury in Scotland is used in the

courts of Scotland The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial ...

in solemn procedure for trial on

indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...

before a

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

and jury for serious criminal cases, and in certain civil cases (mainly

personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (t ...

claims) Criminal procedure in Scotland is generally regulated by the

Criminal Procedure (Scotland) Act 1995 Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

(as amended) and various Acts of Adjournal passed by the

High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...

. Juries in these cases consist of 15 people; if jurors drop out e.g. because of illness the trial can continue with a minimum of 12 jurors. In criminal trials

conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...

is on the basis of a majority verdict, with eight jurors required to decide that the

accused Accused or The Accused may refer to: * A person suspected with committing a crime or offence; see Criminal charge ** Suspect, a known person suspected of committing a crime * The Accüsed, a 1980s Seattle crossover thrash band *''The Accused'', a ...

guilty Guilty or The Guilty may refer to: * Guilt (emotion), an experience that occurs when a person believes they have violated a moral standard Law *Culpability, the degree to which an agent can be held responsible for action or inaction *Guilt (law) ...

; should fewer than eight jurors declare a guilty verdict then the accused is

acquitted In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...

, so a

hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. ...

is an impossibility in

Scottish criminal law Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mi ...

. In the past some people were executed on majority verdicts in Scotland, such as Susan Newell, who had one juror dissenting. The jury has a choice of three verdicts: guilty (a conviction), not guilty (acquittal) and

not proven Not proven (, ) is a verdict available to a Courts of Scotland, court of law in Scotland. Under Scots law, a Criminal procedure, criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal ("not proven" and ...

(also acquittal). In civil trials there is a jury of 12 people, and a

is possible. 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 World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

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 Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

, or where a case in the

required the regular jury of fifteen on the "gravity of matters in issue".

Eligibility

The rules of eligibility for

jury service Jury duty or jury service is service as a juror in a legal proceeding. Juror selection process The prosecutor and defense can dismiss potential jurors for various reasons, which can vary from one state to another, and they can have a specifi ...

are broadly similar to

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

, but people with legal experience (such as solicitors, advocates, or court clerks) are excluded, as are those who have been involved in the justice system, including, but not limited to, police officers (both serving and retired), medical forensic practitioners and coroners, and prison officers. Those who meet all of the following criteria are eligible for jury service: *

British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...

Irish Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit ...

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...

and

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...

citizens on the

Electoral Register An electoral roll (variously called an electoral register, voters roll, poll book or other description) is a compilation that lists persons who are entitled to vote for particular elections in a particular jurisdiction. The list is usually broke ...

; * aged 18 or over; * ordinarily resident in the UK,

Channel Islands The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...

or the

Isle of Man ) , anthem = "O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europe ...

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.

References

External links

Information for jurors in ScotlandText of the Criminal Procedure (Scotland) Act 1995The Modern Scottish Jury in Criminal TrialsA Lay Person's Guide to Scottish Solemn Criminal Procedure
{{jury Scottish criminal law

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...