SCHEDULES

F7SCHEDULE 1F12Persons Disqualified for Jury Service

Annotations:
Amendments (Textual)

Part 1F10Persons subject to Mental Health Act 1983 or Mental Capacity Act 2005

Annotations:
Amendments (Textual)
F10

Sch. 1 Pt. 1 title substituted (15.7.2013) by Mental Health (Discrimination) Act 2013 (c. 8), ss. 2(2), 4(2); S.I. 2013/1694, art. 2

1

F13A person for the time being liable to be detained under the Mental Health Act 1983.

1A

A person for the time being resident in a hospital on account of mental disorder as defined by the Mental Health Act 1983.

2

A person for the time being under guardianship under section 7 of the Mental Health Act 1983 F1or subject to a community treatment order under section 17A of that Act.

3

F2A person who lacks capacity, within the meaning of the Mental Capacity Act 2005, to serve as a juror.

4

1

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2F11Other Persons Disqualified for Jury Service

Annotations:
Amendments (Textual)
F11

Sch. 1 Pt. 2 title substituted (15.7.2013) by Mental Health (Discrimination) Act 2013 (c. 8), ss. 2(2), 4(2); S.I. 2013/1694, art. 2

5

A person who is on bail in criminal proceedings (within the meaning of the Bail Act 1976).

6

A person who has at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—

a

to imprisonment for life, detention for life or custody for life,

b

to detention during her Majesty’s pleasure or during the pleasure of the Secretary of State,

c

to imprisonment for public protection or detention for public protection,

d

to an extended sentence under section F8226A, 226B, 227 or 228 of the Criminal Justice Act 2003 F15or section 254, 266 or 279 of the Sentencing CodeF9(including such a sentence imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006) or section 210A of the Criminal Procedure (Scotland) Act 1995, or

e

to a term of imprisonment of five years or more or a term of detention of five years or more.

F146A

A person who at any time in the last ten years has been convicted of—

a

an offence under section 20A, 20B, 20C or 20D of this Act,

b

an offence under paragraph 5A, 5B, 5C or 5D of Schedule 6 to the Coroners and Justice Act 2009 (equivalent offences relating to jurors at inquests), or

c

an offence under paragraph 2, 3, 4 or 5 of Schedule 2A to the Armed Forces Act 2006 (equivalent offences relating to members of the Court Martial).

7

A person who at any time in the last ten years has—

a

in the United Kingdom, the Channel Islands or the Isle of Man—

i

served any part of a sentence of imprisonment or a sentence of detention, or

ii

had passed on him a suspended sentence of imprisonment or had made in respect of him a suspended order for detention,

b

in England and Wales, had made in respect of him a community order under section 177 of the Criminal Justice Act 2003 F16or Chapter 2 of Part 9 of the Sentencing Code, a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order, a drug treatment and testing order or a drug abstinence order, or

c

had made in respect of him any corresponding order under the law of Scotland, Northern Ireland, the Isle of Man or any of the Channel Islands F5or a service community order or overseas community order under the Armed Forces Act 2006.

8

For the purposes of this Part of this Schedule—

C1a

a sentence passed F6(anywhere) in respect of a service offence within the meaning of the Armed Forces Act 2006 is to be treated as having been passed in the United Kingdom, and

b

a person is sentenced to a term of detention if, but only if—

i

a court passes on him, or makes in respect of him on conviction, any sentence or order which requires him to be detained in custody for any period, and

ii

the sentence or order is available only in respect of offenders below a certain age,

and any reference to serving a sentence of detention is to be construed accordingly.