Enabling jurors: equality impact assessment

The Scope of the EQIA

Evidence gathering

The findings and recommendations of the two groups highlighted above – the judge-led 2018 group and the SCTS-led working group that reported in 2023 – were considered as part of the policy development and EQIA process.

We also looked at work undertaken in England and Wales in relation to provisions introduced in 2022 that allowed for the presence of BSL interpreters during jury deliberations.

The Scottish Government has not undertaken a formal public consultation exercise on this issue. However, the SCTS-led 2023 Group which proposed the amendment comprised a variety of representatives from across the justice sector including: the Crown Office and Procurator Fiscal Service, the Judicial Institute for Scotland, the Faculty of Advocates, the Lord President’s Private Office and the Law Society of Scotland. The group engaged and consulted with various organisations to gather relevant information and insights. These parties included the British Deaf Association (BDA), HM Courts & Tribunals Association, Just Sign and freelance BSL representatives.

Scottish Government officials have also engaged with stakeholders including the British Deaf Association, JustSign freelance BSL interpreters, Deafblind Scotland and Inclusion Scotland.

Engagement with Equality Unit colleagues helped identify existing lived experience of BSL users/those with a physical disability which would require communication support, and the potential impacts this policy will have on those groups of people. This led to consideration of census data, in addition to the research and engagement detailed above.