Ministers lift 'outdated and ageist' ban on over-65s serving on juries

Published on Sunday 9 January 2011 17:48

PENSIONERS will be able to sit on Scottish juries from today as the justice system tries to make use of "life experience".

The Scottish Government said the previous system was "outdated and ageist", and that juries needed to reflect society by including elderly Scots.

Juries barred those aged over 65 from serving since 1980 until a unanimous vote by the Scottish Parliament removed the restriction last June.

With the upper age limit abolished, it is hoped that the move will boost the pool of potential jurors available and ease the burden on younger members of the public, who may have to juggle family and work commitments.

Normal jury selection processes will still apply, but under the new arrangements, those aged 71 and over who do not want or feel able to serve on a jury will have a right of excusal, which can be exercised up until the day of trial.

Justice secretary Kenny MacAskill said: "Scotland's jury service system was outdated, ageist and in need of modernisation. Scots continue to live active lives long after retirement, and they make a valuable contribution to communities up and down the country.

"The idea that they should be debarred from taking part in jury duty was frankly ridiculous and insulting, and it is time for change.

"Scotland's over-65s have a wealth of life experience and perspective which they can bring to the jury benches, strengthening the juries on which our criminal justice system depends.

"The composition of juries should be a true reflection of our society, but the current age limit is clearly leaving people in later life under-represented."

He added: "This change in the law will remove a clear discrimination and help change attitudes. It will also bring operational benefits, enlarging the pool of potential jurors for Scotland's courts."

The original qualifications for jury service were set out in the Jurors (Scotland) Act 1825, setting an age limit of 21 to 60, before being raised to 65 in 1980.

Other changes to the jury system from today include the excusal period. Previously, if someone attended for jury service, they were excused for five years, whether they were selected or not.

From today, the five-year excusal will apply only if the individual has been chosen to sit on a jury. Those not selected will be excused for only two years.

David Manion, chief executive of Age Scotland, the new single charity representing Help the Aged and Age Concern Scotland, said: "We welcome this change and the Scottish Government's recognition of the contribution Scotland's older people can make to the jury service system.

"It is inescapably ageist to have an upper age limit for jurors," he said. "It implies that anyone above that age is incapable of fulfilling their civic duties, which is categorically not true."Older people themselves are best placed to judge their abilities, and allowing the over-70s the choice of whether to accept jury summons will allow those older people who are both able and willing to serve on a jury to do so."