- '.—(1) Section 85 of the 1995 Act (citation and attendance of jurors) shall be amended as follows.
- (2) In subsection (1), the words from "but" to the end shall cease to have effect.
- (3) For subsection (2), there shall be substituted the following subsections—
- "(2) A list of jurors shall—
- (a) contain not less than 30 names;
- (b) be prepared under the directions of the clerk of the court before which the trial is to take place;
- (c) be kept at the office of the sheriff clerk of the district in which the court of the trial diet is situated; and
- (d) be headed "List of Assize for the sitting of the High Court of Justiciary (or the sheriff court of … at … ) on the … of…".
- (2A) The clerk of the court before which the trial is take place shall, on an application made to him by or on behalf of an accused, supply the accused, free of charge, on the day on which the trial diet is called, and before the oath has been administered to the jurors for the trial of the accused, with a copy of a list of jurors prepared under subsection (2) above.
- (2B) Where an accused has been supplied under subsection (2A) above with a list of jurors—
- (a) neither he nor any person acting on his behalf shall make a copy of that list, or any part thereof; and
- (b) he or his representative shall return the list to the clerk of the court after the oath has been administered to the jurors for his trial.
- (2C) A person who fails to comply with subsection (2B) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.".'.—[Lord James Douglas-Hamilton.]
§ Brought up, and read the First time.3.31 pm
§ The Minister of State, Scottish Office (Lord James Douglas-Hamilton)
I beg to move, That the clause be read a Second time.
The new clause would introduce a minor but welcome change to the procedure for handling the list of assize, which gives details concerning the jurors who are to be empanelled in a trial. We think that in a small way the new clause would contribute towards making it more difficult to threaten or intimidate jurors and it is therefore welcome.
Question put and agreed to.
Clause read a Second time, and added to the Bill.