Cap on jury age lifted

The Scottish Parliament has removed the upper age limit for people eligible to serve on a jury.

Jurors were previously selected at random from the electoral register and had to be between the ages of 18 and 65. However, Scottish ministers decided that the system was 'outdated and ageist' and in need of modernisation.

They believe the wider pool of potential jurors will reduce the burden on younger citizens and provide lower costs for reimbursing jurors for lost earnings.

Although the new system for selection does not have an upper limit, people selected who are over the age of 70 can choose to turn down the summons.

In August 2010 the Council Circuit of Judges, who represent over 600 judges in England and Wales, chose to abandon plans for removal of the limit. They estimated that up to 50 per cent of people over 70 would chose not to serve on various grounds, including medical: 

"Problems with mobility, hearing and eyesight, together with difficulties in travel, all increase with age. Many would feel concerned about the effects of these problems if jury service were required.

"There would, inevitably, be an increase in days [in court] lost as a result of illness or incapacity. Proceedings might be hampered by poor hearing, poor vision or physical disability."

They added: "The costs of disruption are likely to exceed any cost benefit by utilising greater numbers of jurors who are not seeking recovery of lost earnings unless the numbers are unreasonably skewed."

David Manion, chief executive of Age Scotland, disagreed with questions of practicality and believed all arguments against to be discriminatory.

He said: "The Scottish Parliament is to be congratulated for leading the way on this. We regard claims that removing the upper age limit for jury duty would result in a flood of incompetent and/or sickly jurors as baseless, ageist scaremongering.

"We heartily welcome this move which shows just how Scotland values the life skills and experience of its older citizens. Over the last 21 years, since 65 was set as the upper limit, Scots are increasingly living longer, leading active lives long after retirement."

Campaign groups for the elderly are now putting pressure on other legal systems to follow the Scottish example.