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Criminal Justice (Scotland) Act 2003

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This is the original version (as it was originally enacted).

78Disqualification from jury service

This section has no associated Explanatory Notes

(1)In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) (ineligibility for and disqualification and excusal from jury service), in Part II, after paragraph (b) there is inserted—

“(bb)persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made—

(i)a probation order under section 228(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (section 247 of that Act being disregarded for the purposes of this head);

(ii)a drug treatment and testing order under section 234B(2) of that Act;

(iii)a community service order under section 238(1) of that Act;

(iv)a restriction of liberty order under section 245A(1) of that Act;

(v)a community order as defined by section 33(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

(vi)a community order as defined by article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (N.I.24));

(vii)a drug treatment and testing order under article 8(2) of the Criminal Justice (Northern Ireland) Order 1998 (SI 1998/2839 (N.I.20)),

except where they are rehabilitated persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);”.

(2)Subject to subsection (3), the insertion made by subsection (1) has effect even in relation to a case where the probation order, drug treatment and testing order, community service order, restriction of liberty order or community order is made before the date on which subsection (1) is brought into force.

(3)A person—

(a)cited under section 85(4) of the 1995 Act (citation of jurors); or

(b)summoned by virtue of section 12 of the Court of Session Act 1988 (c. 36) (summoning of jury),

before that date is not, by virtue of subsection (1), excused from attending in compliance with the citation or disqualified from serving as a juror at the sitting, or trial, in question.

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