You will usually be required to serve in a criminal trial if you are called for Jury service duty. However, you can serve in a civil case.
Depending on the severity of the crime, criminal trials can be held in the High Court or Sheriff Court. A jury may be present in civil trials. These can be held in either the Court of Session, or the All-Scotland Sheriff personal injury Court.
Both types of trials are generally the same. The Scottish Courts and Tribunals website provides a wealth of information on the court system and how to go to court as a juror.
Receiving a Jury service citation
For jury service, the names of 18-year-olds and older are randomly selected from the electoral register. A jury citation is a single legal document that you will receive between three and nine week before your trial date. This document will provide you with information about when and where to go. It is important to read it.
Respond to the jury summons by visiting the Scottish Courts and Tribunals website. Your contact number and birth date must be provided. You can final settlement payout also phone the court that issued you the citation if you don’t have access to internet. If you do not respond to the citation, you could be fined.
Before you respond to the citation, make sure that you have read the guidance documents at the Scottish Courts and Tribunals website. Also, ensure you are not ineligible for serving on a jury.
Ask your employer about the company’s policy regarding earnings if an employee is called to jury duty. You will need a Certificate of Loss to Earnings from your court if your employer doesn’t intend to pay your regular salary. This form should be collected from the court prior to the citation. This form must be completed by your employer and can be handed in to court on the date you are cited. Even if your jury selection is not made, you could lose your earnings and be unable to get them back.
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The citation should be taken with you to court.
Who can be exempted from the jury?
You can request to be exempted from jury duty by reading the guide to eligibility and then filling out the application for exemption form from the Scottish Courts and Tribunals website. Then, return the completed form to the clerk. You can request a copy of the citation from the court that issued it if you personal injury don’t have access to the internet.
If you are:
- Are disqualified for a criminal conviction as listed below
- You are not eligible because you work in an occupation that isn’t listed below
- You are not eligible because you have a mental disorder
- In the past five years, I have been a member of a jury
- Are at least 71 years old and do not want to serve on a jury
- were exempted from jury service by any court for a period that has not expired.
- Within seven days of receiving the jury summons, you should return the exemption form.
A letter from the court should be sent to you stating whether or not you have been exonerated. You should contact the court if you have not received anything.
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Who is disqualified because of a criminal conviction or pending case
If at least one of these events has occurred in the UK, Channel cayman islands, or Isle of Man, you will be disqualified to serve on a jury:
You’ve been sentenced for imprisonment for life, or for at least five years.
You’ve been sentenced and will be held at Her Majesty, the Secretary of States’s or Governor of Northern Ireland’s pleasure (sentenced as a murderer while you are under 18).
You’ve completed any portion of a sentence of detention or imprisonment that was between three and six month in the past seven years.
You have served at least six to 30 months of any sentence of imprisonment or detention in the past ten years, or five years if under-18 on the date you were convicted.
You’ve completed any portion of a sentence of detention or imprisonment that was between 30 and five years.
You have been held in a Borstal Institution for the past seven years
You are being held on bail in connection to or for criminal proceedings in any region of the UK
You have been convicted of an offense and the penalty of a probation, drug treatment, testing, or community service order, youth order, community payback, restriction of liberty, supervision order and curfew order were imposed. They are not yet spent.
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