Cecily Zamora
In Scotland, jury duty is usually performed at a criminal trial, but one can also be called to serve at a civil trial. The names of individuals aged 18 and above are chosen at random from the electoral register for jury service. While jury duty typically lasts up to 10 working days, there are certain conditions under which one can be excused from serving. For instance, individuals with specific criminal convictions or sentences may be disqualified from serving on a jury. Law students in Scotland who meet the age requirement and are not disqualified can be balloted to serve on a jury.
| Characteristics | Values |
|---|---|
| Jury selection process | Random selection from the electoral register for people aged 18 and over |
| Jury service duration | Up to 10 working days |
| Court hours | Typically 10 am to 5:30 pm, Monday to Friday |
| Attendance | In-person or virtual, depending on the court proceeding |
| Jury service compensation | No payment, but you can claim money for lost earnings and expenses |
| Jury duty exemption | Students and others may be eligible for excusal |
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What You'll Learn
Jury service duration
If you are called for jury service in Scotland, you'll usually have to serve at a criminal trial, but you can also be called to serve at a civil trial. Criminal trials take place in either the High Court or the Sheriff Court, depending on the seriousness of the crime. Civil trials with a jury can take place either in the Court of Session or in the All-Scotland Sheriff Personal Injury Court.
The duration of jury service in Scotland is difficult to estimate as it depends on the length of the trial. However, attendance at court for the purpose of being selected for a jury is unlikely to last more than a week.
The process of jury selection is called a ballot. The evening before the date on your citation, you should phone the number provided after 5 pm. A recorded message will inform you whether you are due to be included in the ballot the next day. If you are not selected, or if the trial is no longer going ahead, you could be recalled a few days later to serve on another jury.
During the selection of a jury, either side in the case could lodge an objection to a juror. If it's a joint objection, you may not become part of the jury. If just one side objects, a reason must be given, and the judge will decide whether you should be excused or not.
It is worth noting that you may be required to serve on multiple juries during your jury service.
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Jury selection process
In Scotland, jurors are selected at random from the electoral register for jury service. This means that an individual may be selected on multiple occasions or not at all for a lengthy period, or that several people from one employer are cited simultaneously.
The selection process is called a ballot. After 5 pm on the evening before the date on your citation, you should phone the number on your citation. A recorded message will tell you whether you are due to be included in a ballot the next day and should expect a phone call from the court, or whether you should call the phone number again at a later date. The ballot will either take place on the day that you have been cited for, or a later date. You will be contacted by court staff on the day of the ballot to confirm if your name will be entered. At this stage, you should let the court know if there are unforeseen circumstances that mean you are unable to be part of the jury. After the ballot, if you have been selected for the jury, you will get another phone call to tell you this.
Once the clerk has confirmed that you will need to attend court, you can read through guides on how to prepare yourself for the day. You can find information about being on a jury, including guides to jury service, on the Scottish Courts and Tribunals website.
It is important to note that some people are disqualified or ineligible for jury duty. For example, 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, coroners, and prison officers. Additionally, potential jurors may apply for deferral or excusal with good reason. For example, a juror who has recently had a baby may obtain a deferral of service.
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Criminal convictions and jury duty
In Scotland, jurors are selected through a process called a ballot. The names of people aged 18 and over are selected at random from the electoral register for jury service. However, certain individuals can be disqualified or excused from performing jury duty.
If you have been convicted of a crime, you may be disqualified from serving on a jury. In Scotland, you will be disqualified from serving on a jury if at least one of the following has occurred in the UK, the Channel Islands, or the Isle of Man:
- You have been sentenced to imprisonment for life or for five years or more.
- You have been sentenced to be detained during His Majesty's, the Secretary of State's, or the Governor of Northern Ireland's pleasure (sentenced for murder while under the age of 18) in the last seven years (or 3.5 years if you were under 18 on the date of conviction).
- You have served any part of a sentence of imprisonment or detention of between three and six months in the last ten years (or five years if you were under 18 on the date of conviction).
Additionally, individuals with certain legal experience or involvement in the justice system may be disqualified from serving on a jury. This includes practising members of a religious society or order whose beliefs are incompatible with jury service, as well as members of the armed forces.
If you believe you may be disqualified or ineligible to serve on a jury due to a criminal conviction or any other reason, it is important to refer to the Scottish Courts and Tribunals website or seek legal advice.
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Jury duty compensation
While you are not paid for jury service in Scotland, you are allowed to claim expenses. The maximum amounts that can be claimed are decided by Scottish Ministers. You can claim the actual amount you have lost on the basis of net earnings (after tax and National Insurance have been deducted). If you are on a zero-hours contract, you may be able to claim for loss of earnings. Your employer would be required to confirm the shifts/hours of work that you have been/would have been offered during your jury service. If you are self-employed, HMRC rules mean that this will be based on your gross earnings and you will be responsible for declaring the money you get along with your business's other income.
If you are an employee, you can usually claim up to £64.95 per day to help cover your loss of earnings and the cost of any care or childcare outside of your usual arrangements. For the first 10 days of jury service, you can claim up to £64.95 a day if you spend more than 4 hours at court or £32.47 a day if you spend 4 hours or less at court. If your jury service lasts longer than 10 working days, the amount you can claim increases to £129.91 a day if you spend more than 4 hours at court.
You may also be able to apply for loss of benefit if your benefit is withdrawn during your period of jury service. You should contact your local benefits office to advise them of your jury service. If they tell you that they are going to withdraw your benefit during your period of jury service, you should ask the benefits office to complete a Certificate of Loss of Benefit, which should be submitted alongside your claim.
You can also claim expenses for travel from your home to the court. If you need to use a taxi, you must agree with the clerk of the court in advance, who will need to agree that no other kind of transport is available to you or that a journey using public transport would take an unreasonable amount of time. If approved, you must include a receipt showing the fare you paid. You cannot claim parking expenses for attending the court.
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Virtual jury duty
Most court proceedings and hearings in Scotland are virtual, meaning jurors attend them online. However, there are certain situations where you'll need to go to the court or tribunal hearing in person. These include:
- Criminal trials, which take place in either the High Court or the Sheriff Court, depending on the seriousness of the crime.
- Civil trials with a jury, which can take place in either the Court of Session or the All-Scotland Sheriff Personal Injury Court.
If you are required to attend court as a juror, you will receive a notification of the date and time at which you must attend. This may come in the form of a document from the Procurator Fiscal's office (citation), a text message, a phone call, or a visit from the police advising you of your required attendance.
The Scottish Courts and Tribunals website provides helpful information about virtual hearings, including guides to jury service, what to expect at court, the role of the judge and the jury, and how the trial will proceed.
On the evening before you're due to attend the court, you should phone the dedicated phone number on your citation after 5 pm. A recorded message will inform you of the time you should arrive at the court the next day. If you are unable to make the call, you should attend the court at the time indicated on your citation.
It is important to note that you may not be required to attend the court on the day of your citation, as you will be selected through a ballot process. The court staff will contact you to confirm if your name will be entered into the ballot, and you should inform them of any unforeseen circumstances that may prevent you from being part of the jury. After the ballot, if you are selected for the jury, you will receive another phone call notifying you of this.
Additionally, before responding to the citation, it is advisable to read the guidance documents on the Scottish Courts and Tribunals website to ensure you are not ineligible or disqualified from serving on a jury. You can also check if you are eligible for excusal from jury service. Furthermore, it is recommended to discuss earnings with your employer, as they may not intend to pay your normal salary during this period. In such cases, you can obtain a Certificate of Loss of Earnings from the court.
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Frequently asked questions
Yes, law students can do jury duty in Scotland. Names of people aged 18 and over are selected at random from the electoral register for jury service. However, some people can be excused from jury duty.
Jury service in Scotland usually lasts up to 10 working days. If the trial is likely to go on for longer, jury staff will inform you. If the trial is shorter than 10 days, you may be asked to be a juror on other trials.
No, jurors in Scotland are not paid for their service. However, you can claim some money back if you lose earnings and claim certain expenses like travel.
