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Juries Act 1949 in England

12 & 13 & 14 Geo. 6 c. 27 · Enacted 26 April 1949 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 July 1999.

An Act to provide for the making of payments in respect of jury service in Great Britain; to abolish special juries in Great Britain except in commercial causes tried in London; to abolish the privilege of landed persons in relation to jury trial in Scotland; to empower the Parliament of Northern Ireland to make laws providing for the payment of jurors in His Majesty’s High Court of Justice in Northern Ireland and the abolition of special juries in that Court; and for purposes connected with the matters aforesaid.

[26th April 1949]C1

Annotations to the whole text

Modifications

C1

Whole Act except as it applies to Scotland repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1, Sch. 1 Pt. I

Contents

  1. Part I
  2. 1—23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 25Person by whom the amount of a payment is to be ascertained and paid.
  4. 27Consequential amendments of Lands Clauses Consolidation (Scotland) Act 1845.
  5. 28Abolition of special juries and special jurors.
  6. 29Consequential and minor amendments.
  7. 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. 31Discontinuance of terms “common jury” and “common juror”.
  9. 33Extent of Part II.
  10. Part III
  11. 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  12. Part IV: Short Title, &c.
  13. 35†Short title, citation and repeal.
  14. Schedule S 2, 3Schedule S 2, 3

1—23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

25Person by whom the amount of a payment is to be ascertained and paid.

(1)

The amount due to a person by way of a payment in respect of jury service shall be ascertained and paid—

(a)

in the case of service at a sitting of the High Court of Justiciary at Edinburgh or in the Court of Session, by F1the Secretary of State or such other officer as may be prescribed;

(b)

in the case of service at a sitting of the High Court of Justiciary F2other than at Edinburgh, or of the sheriff court, whether for a civil or a criminal trial, by the sheriff clerk of the F3sheriffdom in which such sitting is held;

(c)

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

(d)

in the case of service on a jury summoned under the Lands Clauses Consolidation (Scotland) Act M11845, by the sheriff clerk of the court to which the petition to summon the jury is presented.

(2)

The sums required for the making of payments in pursuance to paragraphs (a) F5and (b) of the last foregoing subsection shall be paid out of moneys provided by Parliament.

27Consequential amendments of Lands Clauses Consolidation (Scotland) Act 1845.

Payments in respect of service on a jury summoned under the Lands Clauses Consolidation (Scotland) Act M11845, shall—

(a)

for the purposes of section fifty of that Act (which determines the manner in which the expenses of an inquiry by a jury are to be borne) be deemed to be expenses of the inquiry;

(b)

for the purposes of section fifty-one of that Act (which provides for the determination of the amount of such expenses) be deemed to be reasonable expenses incurred in summoning, impanelling and returning the jury.

28Abolition of special juries and special jurors.

(1)

No issue or question shall be tried or determined by a special jury and no person shall be cited or summoned to serve as a special juror for the trial or determination of any issue or question, and any enactment requiring the preparation of a roll of special jurors or of a special jury book or the inclusion in a jury of special jurors shall cease to have effect.

(2)

The privilege to which a landed person is entitled of being tried by a jury comprising a majority of landed persons is hereby abolished.

29Consequential and minor amendments.C1

The amendments specified in the third column of the First Schedule to this Act, being amendments of a minor or consequential nature, shall be made in the enactments specified in the first and second columns of that Schedule.

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

31Discontinuance of terms “common jury” and “common juror”.

As from the expiration of the month of September, nineteen hundred and forty-nine, the expressions “common jury” and “common juror” shall cease to be used.

33Extent of Part II.

This Part of this Act shall extend to Scotland only.

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

35†Short title, citation and repeal.C1

(1)

This Act may be cited as the Juries Act 1949.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Schedule S 2, 3F1

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