Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Juries in these cases consist of 15 people; if jurors drop out e.g. because of illness the trial can continue with a minimum of 12 jurors. In criminal trials conviction is on the basis of a majority verdict, with eight jurors required to decide that the accused is guilty; should fewer than eight jurors declare a guilty verdict then the accused is acquitted, so a hung jury is not possible in Scottish criminal law. In the past some people were executed on majority verdicts in Scotland, such as Susan Newell, who had one juror dissenting. The jury has a choice of three verdicts: guilty (a conviction), not guilty (acquittal) and not proven (also acquittal).
The rules of eligibility for jury service are broadly similar to England, but people with legal experience (such as solicitors, advocates, or court clerks) are excluded, as are those who have been involved in the justice system, including, but not limited to, police officers (both serving and retired), medical forensic practitioners and coroners, and prison officers.
Those who meet all of the following criteria are eligible for jury service:
people detained in hospital or subject to guardianship for mental health reasons.[2]
Additionally, potential jurors may apply for deferral or excusal with good reason; for example, a juror who has booked a holiday or has recently had a baby may obtain a deferral of service. Some are eligible for excusal as of right:
members and officers of either House of Parliament, Scottish Parliament or Executive, junior Scottish ministers, and members of the Senedd;
registered and practising medical and veterinary practitioners, including pharmacists;
practising members of a religious society or order whose beliefs are incompatible with jury service;
persons in a holy order;
regular ministers of religion and members of religious communities;
members of the armed forces (the person's commanding officer may request excusal up until the date of their service);
anyone who was summoned for jury service—
in the last two years but was not selected by ballot to sit as a juror, or
in the last five years and was selected;
anyone who has been excused from jury service by any court for a term that has not yet expired;
anyone aged 71 or over.
Selection of jurors (criminal cases)
In criminal cases, there need to be at least 30 potential jurors present in the court for the balloting of a jury to begin. The names of the potential jurors are written on paper slips and drawn out of a glass bowl in open court by the clerk. The jurors then take the oath collectively and swear by "almighty God" without using any religious text. Those who prefer to affirm then do so collectively.
