Enabling jurors: business regulatory impact assessment

Executive summary

Issue and why it needs to be addressed

In Scotland, the Criminal Procedure (Scotland) Act 1995 currently prohibits anyone from being present in the jury room other than the jury members (apart from certain exceptions set out in subsection (4) of the Act). This means, for example, if a juror needed a British Sign Language (BSL) interpreter, the interpreter would not be allowed in the room. In practice, therefore, groups of people who have a physical disability that means that they need communication support are prevented from serving as a juror.

Amendments were made to Part 4 of the Victims, Witnesses, and Justice Reform (Scotland) Bill at Stage 2 to enable communication supporters to be present in a deliberation room, allowing jurors to receive the support needed for them to serve as a juror.

It is important that our juries should be diverse and represent a cross-section of Scottish society. The amendments are intended to ensure legislation is not a barrier to people who need communication support being able to serve as jurors.

Engagement completed, ongoing and planned

We have engaged with key stakeholder organisations in sensory impairment, BSL and disability in developing these amendments and will continue to engage with them as necessary as the Bill progresses through Parliament and on implementation plans. We will also continue engaging with Scottish Courts and Tribunal Service (SCTS) to understand the changes needed to deliver this policy.

Intended outcomes

The amendment agreed at Stage 2 of the Bill creates legislative provision to allow communication supporters to be present during jury deliberations to facilitate jurors with sensory impairments or other disabilities. The Bill does the following:

• a new section 88A is added to the Criminal Procedure (Scotland) Act 1995 to set out the process for how a juror communication supporter is appointed by the court; this allows the presiding sheriff or judge the authority to make the final decision on whether a juror communication supporter should be appointed.

• amends section 99 of the 1995 Act to allow for the presence of communication supporters during jury deliberations

• enables possible changes for the High Court to amend the Act of Adjournal (Criminal Procedure Rules) 1996 in regard to juror citations and oaths respectively (any changes to Acts of Adjournal are a matter for the courts, rather than for the Scottish Ministers)

Sectors affected and anticipated impacts

This policy proposal will mostly impact SCTS as it will need to be able to provide the communicative support needed by jurors. This means SCTS will need to look at contracts and procurement processes with organisations that provide communicative assistance.

Implementation plans

We will continue to engage with SCTS supporting its implementation plans and timescales needed to implement the policy. We will also work with the Lord President’s Private Office in creating new criminal court rules, which are required for the provisions added to the Bill.

Evaluations and monitoring of implementation

The Scottish Government will continue to meet with SCTS and key stakeholders, both during and after implementation of the legislation to monitor its progress. Section 66A of the Bill also requires that two reviews, at five-year intervals, are conducted on the operation of the whole Bill.