Enabling jurors: child rights and wellbeing impact assessment

Disclaimer

This document is a point in time assessment of the likely effects of the above-named proposal on the rights and wellbeing of children and young people. This impact assessment should be read in conjunction with other impact assessments prepared for this proposal.

Scottish Government acknowledge the importance of monitoring and evaluating the impact of strategic decisions and legislation on children’s rights and wellbeing. Any information gathered during implementation of the legislation or strategic decision to which the impact assessment relates, will be used to inform future determinations of impact. Any new strategic decision or new legislation (including amending legislation) would be subject to a new CRWIA in line with the legislative requirements.

1. Brief Summary

In Scotland, people with a disability or impairment of any kind are not exempted or excluded from jury service. However, section 99 of the Criminal Procedure (Scotland) Act 1995 provides for the seclusion of a jury for the purposes of deliberation and has the effect of prohibiting the presence of anyone, other than the jury members, during this period. In addition, section 8 of the Contempt of Court Act 1981 prevents any person other than members of the jury from being party to the content of a jury’s deliberations.

As a consequence, this prohibits the attendance of an interpreter or supporter, upon whom a juror may be reliant upon for participation, e.g. a British Sign Language (BSL) interpreter.

In February 2018, Scottish Courts and Tribunal Service (SCTS) published the Enabling Jury Service Report, drawn up by a working group chaired by Lord Matthews. The report’s recommendations included that consideration should be given to amending legislation to make it possible for approved people (such as BSL interpreters) to be present in the jury room during deliberations to support jurors. SCTS convened a working group to explore these proposals further – it reported in December 2023, recommending that legislation be taken forward.

The policy proposal will introduce legislative provision to allow Juror Communication Supporters to be present in jury deliberations, to provide communication support to jurors who require it to participate effectively. The Victims, Witnesses, and Justice Reform (Scotland) Bill has been identified as a suitable legislative vehicle for this policy. Amendments to the Bill at Stage 2 of the parliamentary process are intended to ensure legislation is not a barrier to people with disabilities that mean they need communication support being able to serve as jurors.

Start date of proposal’s development: December 2023

Start date of CRWIA process: May 2025

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

No aspects of the proposal are relevant to children’s rights as this will only impact people who are cited for jury service. In the UK, you have to be at least 18 years old to be cited for jury service.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Not applicable

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

Not applicable

5. Analysis of Evidence

Not applicable

6. What changes (if any) have been made to the proposal as a result of this assessment?

Not applicable