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“1 Qualification for jury service | |
(1) Subject to the provisions of this Act, every person shall be qualified | |
to serve as a juror in the Crown Court, the High Court and county | |
courts and be liable accordingly to attend for jury service when | |
summoned under this Act if— | 5 |
(a) he is for the time being registered as a parliamentary or local | |
government elector and is not less than eighteen nor more | |
than seventy years of age; | |
(b) he has been ordinarily resident in the United Kingdom, the | |
Channel Islands or the Isle of Man for any period of at least | 10 |
five years since attaining the age of thirteen; | |
(c) he is not a mentally disordered person; and | |
(d) he is not disqualified for jury service. | |
(2) In subsection (1) above “mentally disordered person” means any | |
person listed in Part 1 of Schedule 1 to this Act. | 15 |
(3) The persons who are disqualified for jury service are those listed in | |
Part 2 of that Schedule.” | |
3 Section 9(1) (certain persons entitled to be excused from jury service) shall | |
cease to have effect. | |
4 In section 9(2) (discretionary excusal) after “may” there is inserted “, subject | 20 |
to section 9A(1A) of this Act,”. | |
5 After section 9(2) (discretionary excusal) there is inserted— | |
“(2A) Without prejudice to subsection (2) above, the appropriate officer | |
shall excuse a full-time serving member of Her Majesty’s naval, | |
military or air forces from attending in pursuance of a summons if— | 25 |
(a) that member’s commanding officer certifies to the | |
appropriate officer that it would be prejudicial to the | |
efficiency of the service if that member were to be required to | |
be absent from duty, and | |
(b) subsection (2A) or (2B) of section 9A of this Act applies. | 30 |
(2B) Subsection (2A) above does not affect the application of subsection | |
(2) above to a full-time serving member of Her Majesty’s naval, | |
military or air forces in a case where he is not entitled to be excused | |
under subsection (2A).” | |
6 In section 9(3) (discretionary excusal) after “above” there is inserted “or any | 35 |
failure by the appropriate officer to excuse him as required by subsection | |
(2A) above”. | |
7 In section 9A(1) (discretionary deferral) after “may” there is inserted “, | |
subject to subsection (2) below,”. | |
8 After section 9A(1) (discretionary deferral) there is inserted— | 40 |
“(1A) Without prejudice to subsection (1) above and subject to subsection | |
(2) below, the appropriate officer— | |
(a) shall defer the attendance of a full-time serving member of | |
Her Majesty’s naval, military or air forces in pursuance of a | |
summons if subsection (1B) below applies, and | 45 |
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(b) for this purpose, shall vary the dates upon which that | |
member is summoned to attend and the summons shall have | |
effect accordingly. | |
(1B) This subsection applies if that member’s commanding officer | |
certifies to the appropriate officer that it would be prejudicial to the | 5 |
efficiency of the service if that member were to be required to be | |
absent from duty. | |
(1C) Nothing in subsection (1A) or (1B) above shall affect the application | |
of subsection (1) above to a full-time serving member of Her | |
Majesty’s naval, military or air forces in a case where subsection (1B) | 10 |
does not apply.” | |
9 For section 9A(2) (discretionary deferral) there is substituted— | |
“(2) The attendance of a person in pursuance of a summons shall not be | |
deferred under subsection (1) or (1A) above if subsection (2A) or (2B) | |
below applies.” | 15 |
10 After section 9A(2) (discretionary deferral) there is inserted— | |
“(2A) This subsection applies where a deferral of the attendance of the | |
person in pursuance of the summons has previously been made or | |
refused under subsection (1) above or has previously been made | |
under subsection (1A) above. | 20 |
(2B) This subsection applies where— | |
(a) the person is a full-time serving member of Her Majesty’s | |
naval, military or air forces, and | |
(b) in addition to certifying to the appropriate officer that it | |
would be prejudicial to the efficiency of the service if that | 25 |
member were to be required to be absent from duty, that | |
member’s commanding officer certifies that this position is | |
likely to remain for any period specified for the purpose of | |
this subsection in guidance issued under section 9AA of this | |
Act.” | 30 |
11 In section 9A(3) (discretionary deferral) after “above” there is inserted “or | |
any failure by the appropriate officer to defer his attendance as required by | |
subsection (1A) above”. | |
12 After section 9A (discretionary deferral) there is inserted— | |
“9AA Requirement to issue guidance | 35 |
(1) The Lord Chancellor shall issue guidance as to the manner in which | |
the functions of the appropriate officer under sections 9 and 9A of | |
this Act are to be exercised. | |
(2) The Lord Chancellor shall— | |
(a) lay before each House of Parliament the guidance, and any | 40 |
revised guidance, issued under this section, and | |
(b) arrange for the guidance, or revised guidance, to be | |
published in a manner which he considers appropriate.” | |
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13 In section 19 (payment for jury service), after subsection (1) there is | |
inserted— | |
“(1A) The reference in subsection (1) above to payments by way of | |
allowance for subsistence includes a reference to vouchers and other | |
benefits which may be used to pay for subsistence, whether or not | 5 |
their use is subject to any limitations.” | |
14 In section 20 (offences), for subsection (5)(d) there is substituted— | |
“(d) knowing that he is disqualified under Part 2 of Schedule 1 to | |
this Act, serves on a jury;” | |
15 For Schedule 1 (ineligibility and disqualification for and excusal from jury | 10 |
service) there is substituted— | |
“Schedule 1 | |
Mentally disordered persons and persons disqualified for jury service | |
Part 1 | |
Mentally disordered persons | 15 |
1 A person who suffers or has suffered from mental illness, | |
psychopathic disorder, mental handicap or severe mental | |
handicap 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. | 20 |
2 A person for the time being under guardianship under section 7 of | |
the Mental Health Act 1983. | |
3 A person who, under Part 7 of that Act, has been determined by a | |
judge to be incapable, by reason of mental disorder, of managing | |
and administering his property and affairs. | 25 |
4 In this Part of this Schedule— | |
(a) “mental handicap” means a state of arrested or incomplete | |
development of mind (not amounting to severe mental | |
handicap) which includes significant impairment of | |
intelligence and social functioning; | 30 |
(b) “severe mental handicap” means a state of arrested or | |
incomplete development of mind which includes severe | |
impairment of intelligence and social functioning; | |
(c) other expressions are to be construed in accordance with | |
the Mental Health Act 1983. | 35 |
Part 2 | |
Persons disqualified | |
5 A person who has at any time been sentenced in the United | |
Kingdom, the Channel Islands or the Isle of Man— | |
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(a) to imprisonment for life, custody for life, detention for life, | |
imprisonment for public protection, detention for public | |
protection, an extended sentence under section 209 of the | |
Criminal Justice Act 2003 or to a term of imprisonment, | |
youth custody or detention of five years or more; or | 5 |
(b) to be detained during Her Majesty’s pleasure, during the | |
pleasure of the Secretary of State or during the pleasure of | |
the Governor of Northern Ireland. | |
6 A person who at any time in the last ten years has, in the United | |
Kingdom or the Channel Islands or the Isle of Man— | 10 |
(a) served any part of a sentence of imprisonment, youth | |
custody or detention; or | |
(b) been detained in a young offender institution; or | |
(c) had passed on him or (as the case may be) made in respect | |
of him a suspended sentence of imprisonment or order for | 15 |
detention; or | |
(d) had made in respect of him a community service order, a | |
community punishment order or a community order as | |
defined in section 161 of the Criminal Justice Act 2003. | |
7 A person who at any time in the last five years has, in the United | 20 |
Kingdom, the Channel Islands or the Isle of Man, had made in | |
respect of him a probation order or a community rehabilitation | |
order.” | |
Schedule 26 | |
Section 268 | |
Parenting orders and referral orders | 25 |
Crime and Disorder Act 1998 (c. 37) | |
1 In section 8 of the Crime and Disorder Act 1998 (parenting orders), in | |
subsection (2) the words from “and to section 19(5)” to “2000” shall cease to | |
have effect. | |
2 (1) Section 9 of that Act (parenting orders: supplemental) is amended as | 30 |
follows. | |
(2) For subsection (1A) there is substituted— | |
“(1A) The requirements of subsection (1) do not apply where the court | |
makes a referral order in respect of the offence.” | |
(3) After subsection (2) there is inserted— | 35 |
“(2A) In a case where a court proposes to make both a referral order in | |
respect of a child or young person convicted of an offence and a | |
parenting order, before making the parenting order the court shall | |
obtain and consider a report by an appropriate officer— | |
(a) indicating the requirements proposed by that officer to be | 40 |
included in the parenting order; | |
(b) indicating the reasons why he considers those requirements | |
would be desirable in the interests of preventing the | |
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(b) commission of any further offence by the child or young | |
person; and | |
(c) if the child or young person is aged under 16, containing the | |
information required by subsection (2) above. | |
(2B) In subsection (2A) above “an appropriate officer” means— | 5 |
(a) an officer of a local probation board; | |
(b) a social worker of a local authority social services | |
department; or | |
(c) a member of a youth offending team.” | |
(4) After subsection (7) there is inserted— | 10 |
“(7A) In this section “referral order” means an order under section 16(2) or | |
(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral | |
of offender to youth offender panel).” | |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
3 In section 19(5) of the Powers of Criminal Courts (Sentencing) Act 2000 | 15 |
(orders that cannot be made with referral orders)— | |
(a) at the end of paragraph (a) there is inserted “or”, and | |
(b) paragraph (c) (parenting orders) and the word “or” immediately | |
preceding it shall cease to have effect. | |
4 In section 22 of that Act (referral orders: attendance at panel meetings), after | 20 |
subsection (2) there is inserted— | |
“(2A) If— | |
(a) a parent or guardian of the offender fails to comply with an | |
order under section 20 above (requirement to attend the | |
meetings of the panel), and | 25 |
(b) the offender is aged under 18 at the time of the failure, | |
the panel may refer that parent or guardian to a youth court acting | |
for the petty sessions area in which it appears to the panel that the | |
offender resides or will reside.” | |
5 (1) Section 28 of that Act (which introduces Schedule 1) is amended as follows. | 30 |
(2) In the sidenote, for “Offender referred back to court or” there is substituted | |
“Offender or parent referred back to court: offender”. | |
(3) After paragraph (a) there is inserted— | |
“(aa) in Part 1A makes provision for what is to happen when a | |
youth offender panel refers a parent or guardian to the court | 35 |
under section 22(2A) above, and”. | |
6 In Schedule 1 to that Act (youth offender panels: further court proceedings), | |
after Part 1 there is inserted— | |
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