Enabling jurors: equality impact assessment

Background

Context

In Scotland, people with a disability or impairment of any kind are not exempted or excluded from jury service. However, currently only members of the jury are allowed to be present in the jury room during deliberations. This means that people who require a communication supporter in order to participate effectively in jury deliberations (such as deaf people who would need a BSL interpreter) are unable to serve as jurors because the communication supporter cannot be with them to provide the support they need during deliberations.

In 2018 a group chaired by High Court Judge Lord Matthews recommended that this should be reconsidered^[1], and in December 2023 a working group led by the Scottish Courts and Tribunals Service (SCTS) recommended that legislation be taken forward to make it possible for approved people (such as BSL interpreters) to be present in the jury room to support jurors during deliberations.

Policy aim

The aim of this policy is to enable people with communication difficulties to be able to participate in jury service with the required support available.

Purpose of the policy

The purpose of the policy is to remove the legislative barrier that currently prevents people with certain physical disabilities from serving as jurors. This policy will enable the court to appoint a communication supporter for a juror, and allow that supporter to be with the jurors during deliberations. The decision on whether to appoint a communication supporter in any particular case will be for the judge.

The policy position is that the provisions should be broad enough so as to not limit the kinds of communication supporters available to potential jurors who would require the physical presence of the supporter to enable effective participation. This would ‘future-proof’ against our emergent understanding of accessibility needs and not prohibit accommodation of needs we may not have considered.

It is understood that SCTS will initially focus on the provision of BSL interpreters to jurors who are BSL users. It is envisaged that SCTS will roll out the provision of different forms of support at a later stage, so different types of communication supporters are able to be present in the deliberation room. This would open up jury service to many others who have a physical disability that means they require communication support to undertake jury service. Examples of future types of assistance provided might include tactile BSL, guide communication and speech to text reporters.

The Victims, Witnesses, and Justice Reform (Scotland) Bill, which was introduced to the Scottish Parliament in April 2023, was identified as a suitable legislative vehicle for this policy. An amendment adding the necessary provisions to the Bill was agreed by the Criminal Justice Committee during Stage 2 of the Bill in April 2025.