Enabling jurors: equality impact assessment

Key Findings

We found that there was unlikely to be any significant direct or indirect impact on the protected characteristics of age, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The main direct impact will be on disabled people. As set out above, this will initially mostly impact BSL users, with further work intended to enable people with a physical disability who require other types of support to participate in jury service.

Our research found that there may be an intersectional impact in relation to disability and sex, as 2022 census data suggests that two out of three BSL users are female. However, it should be noted that females make up a larger proportion of the workforce in education, health and social work industries. They are more likely to work in roles where they may be using BSL to communicate with others. This is likely to be contributing to the high percentage BSL users that are female.

Gaps and limitations

We have found that there is little data on BSL users and people who require communication support in Scotland.

In terms of operational considerations for implementation of the policy, some forms of communication support such as BSL interpretation will require two or more interpreters working typically in alternating shifts to maintain accuracy and prevent fatigue. During the trial the interpreter will need to be carefully positioned in sight of the juror and their presence cannot block the sight of any other persons in the court room. Consideration will need to be given to the available space within court rooms and deliberation rooms to accommodate seating and consider alongside other safety/security aspects. In some instances, trials or deliberations may need to be scheduled for an alternative court room or jury room to ensure there is sufficient space for interpreters, and in some cases accommodation constraints may mean it is not possible for a juror requiring BSL interpreters to take part in a particular trial. Data provided by SCTS shows that around 48% of courts and deliberation rooms can accommodate an extra two people.

The availability of interpreters is also a potential concern as BSL interpreter numbers are low in Scotland and demand has increased over recent years. There may be particular challenges if interpreters are requested at short notice. The SCTS will need to consider this carefully in their procurement process and contract negotiations. During the balloting process, BSL users should let the court know their requirements as soon as possible to allow SCTS to arrange support in place during their jury trial. It will be important for interpreters to be booked well in advance in order to secure attendance.