|
How many Civil Jury
Trials take place in Scotland every year?
|
|
About 200 jury
trial diets are assigned annually and of these about 50 or so of these actions
proceed as far as the diet (date of the hearing). In common with all other
types of civil hearing the actual number of actions which commence and proceed
to a verdict or settlement after the first day are as follows: 1997: 4, 1998:
3; 1999 :8; 2000 : 2; 2001: 5, 2002: 5; 2003 : 4; 2004: 4; 2005 : 3; 2006 (to
July) :5. The number of trials assigned and proceeding is though to be on he
increase.
|
|
What
types of action can be heard by a jury in Scotland?
|
|
In descending order of diets allocated the types
of action are personal injury, family death claims, libel and defamation, false
imprisonment/malicious prosecution/ police assault and (practically unknown in
modern times) reduction of deeds on certain specified grounds.
|
|
Who
can sit on a civil jury?
|
|
Any person who
is registered as a parliamentary or local government elector in City of Edinburgh,
East Lothian, West Lothian or Midlothian,
aged between 18 and 65 and ordinarily resident in the UK,
Channel Islands or Isle of Man for a period of at least 5 years from age 13 and not otherwise disqualified or
ineligible to serve. Those ineligible to serve include the mentally disordered,
judges and lawyers; those disqualified include persons who have been sentenced
to life or 5 years or more in prison and certain other persons who have not
been rehabilited under the Rehabilitation of Offenders Act 1974.
|
|
What
happens if I have been cited to serve on a civil jury?
|
|
Don’t panic but
see the Scottish Courts website
for some practical advice.
|
|
Why
would anyone want their case heard by a jury?
|
|
In certain cases
juries are thought to be more likely to be sympathetic to a pursuer or a
defender – e.g. by a pursuer where he is blameless but badly injured or by a
defender where it is thought that the pursuer is “at it” or exaggerating his
claim – or where it is felt that a jury would be more generous than a judge
might be ; for a fuller explanation see Civil
Jury Trials, Chapter 7.
|
|
Why
does Scotland
retain civil juries for personal injury and death actions?
|
|
Because it has
been felt judicially that the jury is the proper medium to judge and quantify
such actions, because practitioners share this view and because civil jury
results are as good as or better than judge-only results and because it is
often felt that t is a positive advantage to have the ordinary lay people of
Scotland involved in the administration of justice.
|
|
Should
civil juries be abolished?
|
|
For the arguments for and against see Civil
Jury Trials, Chapter 1.
|
|
What
other jurisdictions retain civil juries?
|
|
Most notably, the United States of America but
also England & Wales, the Isle of Man, Northern Ireland, the Republic of
Ireland, Canada, Australia, New Zealand, Malawi, Tonga, Guam, the Northern
Marina Islands, Anguilla, Montserrat, St Vincent and the Grenadines, the Virgin
Islands, Bermuda, the Cayman Islands, the Turks and Caicos Islands, St
Christopher and Nevis, Jamaica, Puerto Rica and Belize; man of these
jurisdictions also have juries in their Coroners Courts. For further details
see Civil Jury Trials, Chapter 1 and
Vidmar World Jury Systems , Oxford
University Press, 2000.
|
|
|