Enabling jurors: islands communities impact assessment

Introduction

This document records the decision not to undertake an Island Communities Impact Assessment (ICIA) in respect of the policy of enabling jurors, which was added to the Victims, Witnesses, and Justice Reform (Scotland) Bill during Stage 2 of the parliamentary consideration of the Bill.

It also summarises the information and evidence that has been considered, along with the rationale for this decision.

Objectives

The purpose of this policy is to remove the legislative barrier that currently prevents people with certain physical disabilities from serving as jurors.

The policy enables the court to appoint a communication supporter for a juror, and allows that supporter to be with the jurors during deliberations.

This may impact island communities differently e.g. if there was a lack of BSL interpreters or type of supporter in an island community.

Data gathering

The Scottish Register of the Language Professionals with the Deaf Community^[1] shows communication specialists and where they are based/willing to travel to.

The Scottish Courts and Tribunal Service data^[2] shows that in 2024-25 a total of 5 sheriff solemn trials where evidence was led took place in the 5 island courts. This suggests that being a resident of the islands, the likelihood of being selected for jury service at the sheriff court is presumably low.

The register shows that there are BSL interpreters that are based or willing to travel to island local authorities such as Highlands, Argyll and Bute and Eilean Siar. Data shows that the shortage of BSL interpreters is a Scotland-wide issue not just in island communities.

Mitigations in place will need to be taken by Scottish Courts and Tribunal Service (SCTS) as they will need to consider this carefully in their procurement process and contract negotiations. They will need to ensure the balloting process allows BSL users or jurors who need additional communication support to let the court know as soon as possible so that SCTS can 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.

Consultation and engagement

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: COPFS, the Judicial Institute, the Faculty of Advocates, LPPO and the Law Society. 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.

The SCTS Group 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. SCTS’s stated intention has been to initially focus on the provision of BSL interpreters for jurors, potentially expanding to broader forms of support at a later stage.

We have engaged with stakeholders including the British Deaf Association, JustSign freelance BSL interpreters, Deafblind Scotland and Inclusion Scotland. This was to understand the types of support jurors might require, any potential opportunities and challenges and the terminology around disability.

Assessment

We have determined that a full ICIA is not required as there is no evidence that the policy is likely to have an effect on an island community which is significantly different from the effect on other communities.

Sign-off

In preparing the ICIA, we have formed an opinion that our policy, strategy or service is not likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities).

The reason for this is detailed in the assessment section above.

ICIA approved by: Anna Donald

Date approved: 20 June 2025