Jury service
Section 1 Juries Act 1974, as amended, disqualifies certain categories of people from jury service, including:
Schedule 1: Part 1: Persons subject to Mental Health Act 1983 or Mental Capacity Act 2005
1. A person who suffers or has suffered from mental disorder within the meaning of the Mental Health Act 1983 and on account of that condition either—
- (a) is resident in a hospital or similar institution; or
(b) regularly attends for treatment by a medical practitioner.
[A person for the time being liable to be detained under the Mental Health Act 1983.
A person for the time being resident in a hospital on account of mental disorder as defined by the Mental Health Act 1983.][1]
2. A person for the time being under guardianship under section 7 of the Mental Health Act 1983 or subject to a community treatment order under section 17A of that Act.
3. A person who lacks capacity, within the meaning of the Mental Capacity Act 2005, to serve as a juror.
Amendments
In January 2010 the charity Rethink launched a campaign against the disqualification in paragraph 1(b) above. Their solution is for a new exclusion based on the Mental Capacity Act 2005; in fact this is the existing paragraph 3:
- The Mental Capacity Act 2005 established the first definition in British law of capacity. This could be used as a basis for a new exclusion, which would ensure that people who would not be able to perform jury service adequately would be excluded. However, it would ensure that people with mental illness who can perform jury service are able to undertake this important civic duty. We want to ensure that the unjust element of blanket discrimination is removed, and replaced with a more equitable provision.
This could be achieved through the individual being summoned declaring him or herself if he or she would be able to perform jury service adequately. We are not aware of problems in other jurisdictions of people who lack capacity sitting on juries. The individual’s declaration could be supplemented with evidence from a paid or unpaid carer or health or social care professional. It would be best for the individual to choose the person or people who they feel know their condition best to provide this evidence. Rethink has consulted professional bodies within the legal profession who have given their support to this solution.
External links
Rethink website: "Don'tCountMeOut!" Rethink Fights Jury Exclusion