Jury Duty

Torry_Quine

molerat wrote: »

In Scotland there are 3 different categories, ineligible (legally barred from being a juror due to profession), excusable by right (they do not have to do it) and disqualified (bad boys). Practising medical professionals are excusable.

http://www.scotcourts.gov.uk/docs/scs---court-users/juryhighcourtsheriffcourt.pdf?sfvrsn=2

that must have changed then as I was called as a nurse and although my employer wasn't happy about it there was nothing they could do about it.

I can't actually understand why a nurse can't be a juror

pmarsh1986

As Molerat points above, in Scotland we still have the 'excusable as a right' category. Don't worry, I had to inform the Royal College of Nursing (my trade union) to change the information on their website as they had the English-only advice which, as you quite rightly state Torry Quine, now precludes occupational exclusion. Numerous colleagues - and my lead nurse - were unaware of the exemption.

And I answered my own question re: situation in NI by looking at the RCN advice (sorry only available to members) which states:

"In Scotland and Northern Ireland, practising registered nurses have the right to be excused from jury service. The nurse will only be excused once they have provided evidence to the court that they satisfy the conditions for exclusion."

The conditions for exclusion are that you are practising and registered. The clerk of court didn't ask for evidence, I simply advised them of my current employer and NMC Pin.

pigpen

My former husband was called 3 times and excused every time. the first 2 times he had exams (aged 19 and 21) the third time we had DS3 in hospital due to being born 10 weeks premature and he had to look after the other children for an indefinite period.

The only other person I know was called up, went and sat in the waiting area for 2 weeks without getting called once.

I'd use any excuse I could to get out of it.

molerat

Torry_Quine wrote: »

that must have changed then as I was called as a nurse and although my employer wasn't happy about it there was nothing they could do about it.

I can't actually understand why a nurse can't be a juror

AFAIAW nurses have always been excusable as of right. In that category they can be called but can decline. There was a consultation document http://www.scotland.gov.uk/Publications/2008/09/17121921/0 looking into change as per the English system but i do not know how far that has got.

Torry_Quine

molerat wrote: »

AFAIAW nurses have always been excusable as of right. In that category they can be called but can decline. There was a consultation document http://www.scotland.gov.uk/Publications/2008/09/17121921/0 looking into change as per the English system but i do not know how far that has got.

As I said I was called (twice actually) while a practising nurse and definitely wasn't able to be excused. I'm in Scotland

pmarsh1986

Torry_Quine wrote: »

I can't actually understand why a nurse can't be a juror

It is not an exclusion - we of course can be jurors if we choose but have the option of not being. There was a consultation document - The Modern Scottish Jury in Criminal Trials and the results are here: http://www.scotland.gov.uk/Publications/2009/01/30113034/7

I think the main theme was that nurses (and certain other professions) are providing some public good by the very nature of their job. Of course, I can see the argument for all public sector workers e.g. bin men being exempt as they do public good.

The actual consultation document made some very good points and compared the English and American models of jury selection. http://www.scotland.gov.uk/Publications/2008/09/17121921/6

pmarsh1986

Torry_Quine wrote: »

As I said I was called (twice actually) while a practising nurse and definitely wasn't able to be excused. I'm in Scotland

You have that right! Like I say it is not a well known right but it is there. This particular law was enacted in 1980 so it's been around as long as that. I am unsure if it superseded other legislation which had the same right. I wrote the following letter to the clerk and received a reply confirming my excusal.

Dear Clerk of Court

Re: Jury Citation ref: xxxxxxxx

I acknowledge receipt of the above citation in regards to jury service.

I hereby invoke my right under Part III, Group D (Medical and similar professions), section (c) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (as amended) and request excusal from Jury Service.

I confirm I am registered and practising as a nurse in accordance with the above mentioned Act of Parliament. My Nursing and Midwifery Council (NMC) PIN is XXXXXXXX and my employer is NHS XXXXXXX.

I hope this is satisfactory confirmation to enable my excusal from jury service.

Should you require any further information, please do not hesitate to contact me.


Yours faithfully,

Torry_Quine

pmarsh1986 wrote: »

It is not an exclusion - we of course can be jurors if we choose but have the option of not being. There was a consultation document - The Modern Scottish Jury in Criminal Trials and the results are here: http://www.scotland.gov.uk/Publications/2009/01/30113034/7

I think the main theme was that nurses (and certain other professions) are providing some public good by the very nature of their job. Of course, I can see the argument for all public sector workers e.g. bin men being exempt as they do public good.

The actual consultation document made some very good points and compared the English and American models of jury selection. http://www.scotland.gov.uk/Publications/2008/09/17121921/6

As I said I didn't know that nurses now have the option of not serving on a jury. My experience was before devolution though. I wouldn't have chosen to opt out though as I think a jury should have a broad section of people on it.

ETA I'm not trying to be awkward just answering as it was for me.

pmarsh1986

Once again this was enacted in 1980 - well before devolution. We have always had the right - we just didn't know it! Pass it on to your colleagues. Make sure you have tax relief too on NMC fees, laundry, union fees, socks and shoes etc - another thing they don't like us knowing.

pmarsh1986

Torry_Quine wrote: »

I wouldn't have chosen to opt out though as I think a jury should have a broad section of people on it.

ETA I'm not trying to be awkward just answering as it was for me.

I don't think you're being awkward whatsoever. I was just as astonished. It took a lot of searching and double checking my facts - the RCN (as usual) were hopeless. My lead nurse was astounded that you could be excused as a right! If I was still a S/N rather than a CNS I would have been happy to submit to jury service but unfortunately the patients do come first and the Sheriff Court could not (obviously) guarantee that I could be out in a week or whatever.