Juries Act 1949

Title and introductory text

Juries Act 1949 1949 c.27 An Act to provide for the making of payments in respect of jury service in Great Britain; to abolish special juries in Great Britain except in commercial causes tried in London; to abolish the privilege of landed persons in relation to jury trial in Scotland; to empower the Parliament of Northern Ireland to make laws providing for the payment of jurors in His Majesty’s High Court of Justice in Northern Ireland and the abolition of special juries in that Court; and for purposes connected with the matters aforesaid. [26th April 1949]

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24 Payments in respect of jury service in Scotland.

(1) Subject to the provisions of this Part of this Act, a person who serves as a juror shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payments, at rates determined by the Secretary of State . . . and subject to any prescribed conditions, by way of allowance— (a) for travelling and subsistence; and (b) for financial loss, where in consequence of his attendance for that purpose he has incurred any expenditure (other than on travelling and subsistence) to which he would not otherwise be subject or he has suffered any loss of earnings, or of benefit under the enactments relating to social security, which he would otherwise have made or received. (2) For the purposes of this section, a person who, in obedience to a citation to serve on a jury, attends for service as a juror, shall be deemed to serve as a juror notwithstanding that he is not subsequently impanelled. (3) A payment to which a person is entitled under this section is in this Part of this Act referred to as “a payment in respect of jury service”.

25 Person by whom the amount of a payment is to be ascertained and paid.

(1) The amount due to a person by way of a payment in respect of jury service shall be ascertained and paid— (a) in the case of service at a sitting of the High Court of Justiciary at Edinburgh or in the Court of Session, by the Secretary of State or such other officer as may be prescribed; (b) in the case of service at a sitting of the High Court of Justiciary other than at Edinburgh, or of the sheriff court, whether for a civil or a criminal trial, by the sheriff clerk of the sheriffdom in which such sitting is held; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) in the case of service on a jury summoned under the Lands Clauses Consolidation (Scotland) Act 1845, by the sheriff clerk of the court to which the petition to summon the jury is presented. (2) The sums required for the making of payments in pursuance to paragraphs (a) and (b) of the last foregoing subsection shall be paid out of moneys provided by Parliament.

26 Fee payable by party applying for jury trial in civil cause.

(1) Where an order is made— (a) for the trial of any action by a jury in the Court of Session whether such action originated in that Court or was removed thereto under section thirty of the Sheriff Courts (Scotland) Act 1907, or (b) for the trial of any action by a jury in the sheriff court, the person on whose application such order is made shall pay to the clerk of court such fee as may be fixed by an order made by the Secretary of State. . ., and in the event of his failure to do so within such time as may be so fixed . . . the court may recall the order. (2) A fee payable in pursuance of the last foregoing subsection shall form part of the expenses of the action and shall be returned to the person who paid it in the event of the trial not being proceeded with and no person being cited to attend for service as a juror thereat.

27 Consequential amendments of Lands Clauses Consolidation (Scotland) Act 1845.

Payments in respect of service on a jury summoned under the Lands Clauses Consolidation (Scotland) Act 1845, shall— (a) for the purposes of section fifty of that Act (which determines the manner in which the expenses of an inquiry by a jury are to be borne) be deemed to be expenses of the inquiry; (b) for the purposes of section fifty-one of that Act (which provides for the determination of the amount of such expenses) be deemed to be reasonable expenses incurred in summoning, impanelling and returning the jury.

28 Abolition of special juries and special jurors.

(1) No issue or question shall be tried or determined by a special jury and no person shall be cited or summoned to serve as a special juror for the trial or determination of any issue or question, and any enactment requiring the preparation of a roll of special jurors or of a special jury book or the inclusion in a jury of special jurors shall cease to have effect. (2) The privilege to which a landed person is entitled of being tried by a jury comprising a majority of landed persons is hereby abolished.

29 Consequential and minor amendments.

The amendments specified in the third column of the First Schedule to this Act, being amendments of a minor or consequential nature, shall be made in the enactments specified in the first and second columns of that Schedule.

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31 Discontinuance of terms “common jury” and “common juror”.

As from the expiration of the month of September, nineteen hundred and forty-nine, the expressions “common jury” and “common juror” shall cease to be used.

32 Interpretation of Part II.

(1) In this Part of this Act the expression “prescribed” means prescribed by regulations made by the Secretary of State . . .. The power conferred by this subsection on the Secretary of State shall be exercisable by statutory instrument. (2) Any reference in this Part of this Act to the Lands Clauses Consolidation (Scotland Act 1845, or to any provision thereof shall be construed as including a reference to that Act or to that provision as the case may be, as incorporated in any Act whether public general or local.

33 Extent of Part II.

This Part of this Act shall extend to Scotland only.

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35 †Short title, citation and repeal.

(1) This Act may be cited as the Juries Act 1949. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FIRST SCHEDULE Minor and Consequential Amendments of Scottish Enactments

Section 29 Session and Chapter | Short Title | Nature of Amendment 6 Geo. 4. c. 22 | The Jurors (Scotland) Act, 1825 | In section five, for the words “as well in the general as in the special jury book as aforesaid” there shall be substituted the words “in the general jury book”; in section eight, for the words “and special jury books” there shall be substituted the words “jury book”; in section nine for the word “books” there shall be substituted the word “book”; in section seventeen for the words from “and the names” to “the other box” there shall be substituted the words “and to be put into a box or glass and mixed and the clerk shall draw out the said pieces of paper or parchment one by one from the box or glass”. . . . | . . . | . . . 50 & 51 Vict. c. 35. | The Criminal Procedure (Scotland) Act, 1887. | In section thirty-nine for the words “lists of special and common jurors respectively” there shall be substituted the word “list”. 58 & 59 Vict. c. 36. | The Fatal Accidents Inquiry (Scotland) Act, 1895. | In section four, in subsection (4) for the words “ten common and five special” there shall be substituted the word “fifteen”; and in subsection (5) for the words “five common and two special” there shall be substituted the word “seven”. 7 Edw. 7. c. 51 | The Sheriff Courts (Scotland) Act, 1907. | In the First Schedule, for rule 133 there shall be substituted the following rule:— “133. The jury shall be chosen from a panel of fifteen jurors to be cited for the diet”; in rule 135 for the words “one special and one common juror” there shall be substituted the words “two jurors”.

SCHEDULES 2, 3

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