The size of a jury in Scottish courts could be reduced, it was revealed yesterday.
Justice Minister Kenny MacAskill confirmed that the proposal would be considered as part of a consultation set up by the Scottish Government, looking at aspects of the jury system. Scotland has one of the largest sizes of juries in the world at 15.
Though the complement of juries is likely to remain an odd number, to produce a verdict, it could be cut to 11, fewer than the 12 that sit in courts in England. A separate review later this year by the Scottish Law Commission will consider the double jeopardy rule where a person cannot be tried twice. It will also look at the bar on previous convictions being known to juries.
Mr MacAskill's consultation will seek views of the number who sit on a jury, the age limit for jurors and remuneration of those serving.
In an interview with the legal profession magazine, The Firm, Mr MacAskill said he would be surprised if the present number of 15 remained. He said: "Some things seem to be because they have aye' been. Just because they have aye' been doesn't mean that they always should be.
"We have to get the right system for the next and for other generations. It may be that after consultation we'll find that 15 is the perfect number. I have to say, I'd be surprised." He added: "I think there is some logic in an odd number."
Mr MacAskill said in some countries the numbers differ depending on the charges and type of court: "In some jurisdictions, it could be down as low as seven for some matters, up to 11 for others. Depending on the nature. We want to review something that hasn't been reviewed since almost time immemorial. Is 15 appropriate? It may be. I remain to be convinced."
Mr MacAskill said yesterday: "Juror composition has not been examined in any detail since the early 1990s and there is a case for reviewing it. That's why it will be part of our wider consultation.
"The Scottish Government values greatly the contribution that those citizens who are selected for jury service make to our criminal justice system.
"Of course, any change in jury size would have an impact on the majority required to secure a conviction. That clearly would require careful consideration - consideration as to the ideal figure for the number sitting and for the majority. That's something we will want to hear views on."
A Scottish Government spokesman said: "As with any consultation we have no fixed views and hope to hear from a range of interested groups and individuals."
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