Jury Act 1980


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Jury Act 1980

c i e
AT 9 of 1980

JURY ACT 1980

Jury Act 1980 Index


c AT 9 of 1980 Page 3

c i e
JURY ACT 1980

Index Section Page

1 Qualification of jurors .................................................................................................... 5
2 Exempted or disqualified persons ................................................................................ 5
3 [Repealed] ........................................................................................................................ 6
4 [Repealed] ........................................................................................................................ 6
5 Revision of lists ............................................................................................................... 6
6 Delivery of lists of jurors................................................................................................ 7
7 Commencement of lists of jurors .................................................................................. 7
8 Delivery of lists of jurors to succeeding Coroner ....................................................... 7
9 Inspection of lists of jurors ............................................................................................ 7
10 Jurors to be taken in order name appears on lists ...................................................... 8
11 Summoning in exceptional cases .................................................................................. 9
12 Excusal of persons summoned as jurors ..................................................................... 9
13 Discharge of summonses in special cases ................................................................... 9
14 Jury may be discharged at court’s discretion ........................................................... 10
15 Jury to be allowed refreshments ................................................................................. 10
16 Jury may separate ......................................................................................................... 10
17 Excusal for previous jury service ................................................................................ 10
18 Trial by jury in civil matters ........................................................................................ 10
19 Civil juries ...................................................................................................................... 11
20 Trespass juries ............................................................................................................... 11
21 Sittings of civil courts for trial by jury ....................................................................... 11
22 No civil juries during June to September except by special leave ......................... 11
23 Death or incapacity etc of jurors during trial of civil matter .................................. 11
24 Number of persons on jury in criminal matters ....................................................... 12
25 Summoning of jurors for criminal trials .................................................................... 12
26 Panel of jurors for criminal trials ................................................................................ 12
27 Challenges in criminal trials ........................................................................................ 13
28 Death or illness, etc of member of jury in a criminal trial ....................................... 13
29 Validity of verdicts and trials ...................................................................................... 14
30 Coroners not to excuse person from serving ............................................................ 14
31 Offences .......................................................................................................................... 14
32 Remuneration of jurors ................................................................................................ 15
Index Jury Act 1980


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33 Orders by the Treasury ................................................................................................ 16
34 Savings in respect of Coroners’ juries etc ................................................................. 16
35 [Repealed] ...................................................................................................................... 17
36 Financial provision ....................................................................................................... 17
37 Interpretation ................................................................................................................ 17
38 Declaration .................................................................................................................... 17
39 and 40 [Repealed] ......................................................................................................... 17
41 Short title and commencement ................................................................................... 17
SCHEDULE 1 19

NON-JURORS 19
GROUP A 19
GROUP B 19
GROUP C 20
GROUP D 20
GROUP E 21
GROUP F 22
GROUP G 22
SCHEDULE 2 23

SCHEDULE 3 23

ENDNOTES 25

TABLE OF LEGISLATION HISTORY 25
TABLE OF RENUMBERED PROVISIONS 25
TABLE OF ENDNOTE REFERENCES 25

Jury Act 1980 Section 1


c AT 9 of 1980 Page 5

c i e
JURY ACT 1980

Received Royal Assent: 24 June 1980
Passed: 21 October 1980
Commenced: 1 January 1981
AN ACT
to revise the law relating to juries.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
1 Qualification of jurors

(1) Subject to the provisions of this Act, every person who —
(a) is for the time being registered as a person entitled to vote in an
election and is not less than eighteen nor more than sixty-five
years of age; and1

(b) has been ordinarily resident in the British Islands for any period
of at least five years since attaining the age of thirteen,
shall, unless he is for the time being ineligible or disqualified for jury
service, be qualified to serve on juries for the trial of all issues joined in
any of Her Majesty’s Courts, both civil and criminal, and on all juries
required by the laws of this Isle.
(2) It is hereby declared that the period of time that a person has had his
usual place of abode in the Island in order that he may be registered as a
person entitled to vote at an election by virtue of section 1 of the
Registration of Electors Act 2006 shall be included in any computation of
time required by virtue of paragraph (b) of subsection (1).2

2 Exempted or disqualified persons

(1) The persons who are exempted or, as the case may be, disqualified from
jury service as referred to in section 1 are those respectively listed in
Parts I and II of Schedule 1.
(2) The Council of Ministers may by order amend, vary or repeal any of the
provisions contained in Schedule 1.3

Section 3 Jury Act 1980


Page 6 AT 9 of 1980 c

(3) No order made under this section shall take effect until it has been
approved by Tynwald.
3 [Repealed]
4

4 [Repealed]
5

5 Revision of lists

(1) Not later than the 30th June in each year or such other day or days in
each year as may be prescribed, the Chief Registrar shall give notice to
every person who has made an objection under section 9(1)(c) of the
Registration of Electors Act 2006 in respect of a list of electors prepared in
that year, requiring that person within 7 days of service of the notice —
(a) to make, if the objector so wishes, written representations in
support of their objection; and
(b) to state in writing whether or not the objector wishes to make oral
representations to the Clerk of the Rolls.
(2) If any such objector within the said period of 7 days states that they wish
to make oral representations, the Chief Registrar shall give that person
notice of the time and place at which the objector may appear before the
Clerk of the Rolls for that purpose.
(3) The Clerk of the Rolls shall, not later than the 15th August in each year or
such other day or days in each year as may be prescribed, following the
giving of notice under subsection (1), consider every objection made
under the said section 9(1)(c) and any written representations made in
support thereof, and hear in chambers any oral representations made
pursuant to subsection (2), and —
(a) if the Clerk of the Rolls is satisfied that the objector is ineligible or
disqualified for jury service, the Clerk of the Rolls shall delete
such name from the list of jurors; or
(b) if the Clerk of the Rolls is satisfied that the objector’s attendance
as a juror will cause exceptional hardship by reason of his
business, professional or family responsibilities and interests, the
Clerk of the Rolls may order that the objector be exempted from
jury service for such period, not exceeding 3 years, as the Clerk of
the Rolls considers appropriate, either unconditionally or subject
to conditions, and shall make a minute of such order opposite the
objector’s name in the list of jurors.
(4) The Clerk of the Rolls may, not later than 22nd August in each year, or
not later than 7 days after such other day or days as may have been
prescribed under subsection (3), make such corrections to the lists of
jurors as appear appropriate to ensure that the lists are, as far as possible,
completed in accordance with this Act.
Jury Act 1980 Section 6


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(5) The lists of jurors, revised and corrected in accordance with
subsections (3) and (4) if required, shall be the lists of persons liable to be
summoned for jury service for the year beginning on the 1st September
next following, or such other day or days as may be prescribed.
(6) In this section “list of jurors” means a list prepared under section 6(5)(a)
of the Registration of Electors Act 2006 in the year in question.
(7) The Clerk of the Rolls may direct that any of the functions of the Clerk of
the Rolls under this section shall, in any particular case, be exercised by a
Deemster.
(8) In this section, “prescribed” means prescribed by order made by the
Clerk of the Rolls after consultation with the Council of Ministers.
(9) An order under this section shall be laid before Tynwald.6

6 Delivery of lists of jurors

The Chief Registrar shall deliver or cause to be delivered to the Coroner of each
Sheading on or before the first day of September in each year, or such other day
or days prescribed under section 5(5), a copy of the new list of jurors for the
Sheading.7

7 Commencement of lists of jurors

Each new list of jurors shall be considered as commencing at the place left off on
the preceding list and all notes or minutes as to any juror who may be exempted
from service shall be entered on the new list by the Coroner.8

8 Delivery of lists of jurors to succeeding Coroner

Upon the retirement or death of a Coroner, the retiring Coroner or his personal
representative, as the case may be, shall deliver to his successor the current copy
of the list of jurors, there being distinctly marked on such list the place where
such retiring or deceased Coroner left off and all other notes as to any juror who
may be excused from service.
9 Inspection of lists of jurors

(1) The Council of Ministers shall make regulations —
(a) requiring the coroner to make copies of the lists of jurors to be
available for inspection by the public at such places as may be
prescribed;
(b) imposing prohibitions or restrictions relating to the extent (if any)
to which persons inspecting the lists of electors in accordance
with regulations under paragraph (a) may —
(i) make copies of the lists,
Section 10 Jury Act 1980


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(ii) disclose any information contained in them to other
persons, or
(iii) make use of any such information otherwise than for any
purposes specified in the regulations;
(c) imposing, in relation to coroners and persons involved in the
preparation of the lists of jurors, prohibitions with respect to
supplying copies of the lists and disclosing or making use of
information contained in them.
(2) Regulations under this section may make it an offence punishable on
summary conviction by a fine not exceeding £5,000 for a person to
contravene any prohibition or restriction imposed under subsection (1)
or to do so in any prescribed circumstances.
(3) Regulations under this section shall not have effect unless they are
approved by Tynwald.
(4) In this section —
any reference to a list of jurors includes a reference to any part of it;
“prescribed” means prescribed by regulations under this section.9

10 Jurors to be taken in order name appears on lists

(1) Subject to subsections (2) to (4), when and as often as jurors are required
and shall be ordered by a Deemster, or other person having authority in
that behalf, the number of jurors required shall be summoned and
returned by the Coroners in the order in which the names appear on the
list of jurors.
(2) The first jury required on and after the first day in September in each
year, or such other day or days prescribed under section 5(5), shall be
taken from the new list of jurors, beginning at the place in such list where
the same shall be considered as commencing.
(3) The Coroners respectively shall mark on the lists the date when any juror
shall be returned to serve on a jury.
(4) In all subsequent returns the Coroners shall commence with the name
immediately after the last in the preceding return and the subsequent
names shall be taken in the order in which they are entered on the lists,
and so to the end of the lists respectively.
(5) When the list shall have been gone through to the end, the Coroner shall
proceed again, beginning at the commencement of the list, and proceed
regularly to the end thereof in accordance with this section.10

Jury Act 1980 Section 11


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11 Summoning in exceptional cases

[P1974/23/6]
(1) If it appears to a Deemster that a jury to try any issue before him cannot,
or probably will not, be made up he may, if he thinks fit, require any
persons who are in, or in the vicinity of, the court, to be summoned by a
Coroner (without any written notice) for jury service up to the number
needed (after allowing for any who may not be qualified under section 1,
and for refusals and challenges) to make up a full jury.
(2) The names of the persons so summoned shall be added to the panel by
the Coroner and the court shall proceed as if those summoned had been
included in the first instance.
12 Excusal of persons summoned as jurors

(1) If any person summoned as a juror shows to the satisfaction of the Chief
Registrar that there is good reason why he should be excused from
service, the Chief Registrar may excuse him from service11

(2) A person may appeal to a Deemster against any refusal of the Chief
Registrar to excuse him under subsection (1) and the Deemster may
confirm or reverse the refusal.12

(3) Without prejudice to subsections (1) and (2), a Deemster may on
application made by any person summoned as a juror, excuse him from
service.13

(4) Without prejudice to subsections (2) and (3), an application by a woman
on the ground that she is the mother of a child under sixteen years of age
and has the care of that child shall be good and sufficient reason for that
woman to be excused under subsection (1).
13 Discharge of summonses in special cases

(1) Where it appears to a Deemster in the case of a person attending in
pursuance of a summons under this Act that on account of physical or
mental disability or insufficient understanding of English there is doubt
as to his capacity to act effectively as a juror, the Deemster may discharge
the summons and the fact of such discharge but not the reason shall be
stated in open court.
(2) On being satisfied that any person attending in pursuance of a summons
under this Act is not qualified by reason of section 1 a Deemster shall
discharge the summons.
(3) The fact of any summons being discharged under this section shall be
stated in open court.
Section 14 Jury Act 1980


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14 Jury may be discharged at court’s discretion

(1) If the Deemster presiding at any court is satisfied that the jury is unable
to agree upon their verdict, and that further detention would be useless,
he may discharge them and direct a new jury to be empanelled during
the sitting of the court, or may postpone the trial on such terms as justice
may require, and it shall not be lawful for any other court to review such
discharge.
(2) The Deemster presiding at any court may, in cases of any emergency or
casualty rendering it, in his opinion, highly expedient for the ends of
justice to do so, discharge the jury without giving a verdict and direct a
new jury to be empanelled during the sittings of the court, or postpone
the trial on such terms as justice may require and it shall not be lawful
for any other court to review the exercise of such discretion.
15 Jury to be allowed refreshments

Jurors, after having been sworn, may at the discretion of the Deemster be
allowed, at any time before giving their verdict, reasonable refreshment, such
refreshment to be provided at their own expense.
16 Jury may separate

During the course of any trial, the Deemster may if he thinks fit at any time,
whether before or after the jury consider their verdict, permit them to separate.14

17 Excusal for previous jury service

Where a jury has been engaged in trying a case for a period of at least three
days, the Deemster may order that the members of such jury be excused from
serving on juries for a specified term, not exceeding three years, and on the
order being produced to the Coroner of the sheading on whose list the names of
such jurors shall appear, the Coroner shall make a minute thereof opposite the
name of such juror on the said list.
18 Trial by jury in civil matters

Subject as hereinafter provided, if, on the application of any party to an action to
be tried in the High Court made not later than such time before the trial as may
be limited by rules of court, a Deemster is satisfied that —
(a) a charge of fraud against that party; or
(b) a claim in respect of libel, slander, malicious prosecution or false
imprisonment;
is in issue, the action shall be ordered to be tried with a jury unless the Deemster
is of opinion that the trial thereof requires any prolonged examination of
documents or accounts or any scientific or local investigation which cannot be
conveniently made with a jury; but, save as aforesaid, any action to be tried in
Jury Act 1980 Section 19


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that Court may, in the discretion of a Deemster, be ordered to be tried either
with or without a jury.
Provided that the provisions of this section shall be without prejudice to the
power of a Deemster to order, in accordance with rules of court, that different
questions of fact arising in any action be tried by different modes of trial, and
where any such order is made the provision of this section requiring trial with a
jury in certain cases shall have effect only as respects questions relating to any
such charge or claim as aforesaid.15

19 Civil juries

(1) All trials by jury of issues in the High Court shall be tried by a jury of six
persons taken from the list of jurors in accordance with section 10.
(2) The jury shall return its verdict in writing.16

20 Trespass juries

In matters of inquiry by order of a Deemster before a Coroner, the jury shall
consist of four persons taken from the list of jurors in accordance with
section 10.17

21 Sittings of civil courts for trial by jury

Sittings for the trial by jury of civil causes and questions or issues of fact in civil
causes shall be held at such times and places as may be fixed by a Deemster:
Provided that the trial by jury of all such causes and questions or issues of fact
shall be held at such place as may be ordered by a Deemster, having regard to
the circumstances of the case and the convenience of the parties or the
witnesses; and that, where a view is ordered the jury shall make such view
notwithstanding the same may be beyond the district or sheading from which
the jury shall have been taken.
22 No civil juries during June to September except by special leave

No civil cause, matter or issue to be tried with a jury shall be tried during the
months of June, July, August and September, except by special leave of a
Deemster.
23 Death or incapacity etc of jurors during trial of civil matter

If during the course of the trial of a civil cause, matter or issue any member of
the jury dies or is discharged by the Deemster, whether as being through illness
incapable of continuing to act or for any other reason, the Deemster may either
discharge the jury and direct a new jury to be empanelled or postpone the trial
or, with the consent of both parties, proceed with the remaining jurors and take
their verdict, which shall have the same effect as the verdict of the whole
number.
Section 24 Jury Act 1980


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24 Number of persons on jury in criminal matters

The offence of treason or the offence of murder shall be tried by a jury of twelve
persons. All other offences triable on information shall be tried by a jury of
seven persons:
Provided that a Deemster may in the case of the trial of any person for any
offence, by reason of the gravity of the matters in issue, direct that the offender
shall be tried by a jury of twelve persons.
25 Summoning of jurors for criminal trials

The number of jurors from each sheading to be summoned for a Court of
General Gaol Delivery shall be such number as a Deemster may direct:
Provided that in no case shall the total number of jurors so summoned be less
than twenty.18

26 Panel of jurors for criminal trials

Whenever a jury shall be taken from a panel of jurors comprising those
summoned to attend a court for the trial of criminal issues, the names on the
panel shall be numbered with consecutive numbers, beginning with the number
one; and each of the numbers respectively shall be written or printed on a disc
(all of the discs being as nearly as may be of equal size), and the whole of the
discs shall be by the Coroner attending the court, or by some other person to be
appointed by the Deemster, put into a box to be provided for that purpose, and
on a jury being required for the trial of any issue at such court, the said coroner
or other person shall, in open court, draw so many of the said discs, one after
another, as may be necessary; and the numbers so drawn shall represent the
persons on the panel having the like numbers. And if any of such persons shall
not appear, or shall be challenged or set aside, then the said coroner or other
person shall draw as aforesaid such further number of persons as may be
necessary, until the full number be drawn and shall appear, and after all just
causes of challenge allowed and the names of the persons so drawn and
appearing marked on the panel, such persons being sworn shall be the jury to
try the issue. The discs bearing the numbers of the persons so drawn and sworn
shall be kept apart by themselves until the verdict of such jury shall have been
received, or until such jury shall, by consent of the parties, or by leave or order
of the Deemster, have been discharged, and then the same discs shall be
returned to the box, there to be kept with the other discs remaining at that time
undrawn, and so, toties quoties, so long as any issue remains to be tried:
Provided always that if any issue shall be brought on to be tried, before a jury in
any other issue shall have brought in their verdict or been discharged, the
Deemster shall order the jury to be drawn from the residue of the names on the
panel (not including the names of the jurors who shall not have so brought in
their verdict or been discharged), to be drawn in such manner as is aforesaid for
the trial of the issue which shall be so brought on to be tried:
Jury Act 1980 Section 27


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Provided also, that where no objection shall be made on behalf of the Queen, or
any other party, the Deemster may try any issue, with the same jury that shall
have previously tried, or been drawn to try, any other issue without the discs
representing their names being returned to the box and re-drawn.
27 Challenges in criminal trials

(1) As heretofore accustomed, upon the trial of any person for an offence on
information the Attorney General or any advocate on behalf of the
Attorney General shall continue to have the unlimited right to challenge
without cause individual members of a jury before they are sworn.
(2) A person (other than the Attorney General) who having a right to do so
prefers an information and a person tried on information may challenge
not more than three jurors without cause and any juror or jurors for good
and sufficient cause.19

(3) Upon the trial of any person for an offence on information any challenge
to jurors for cause shall be tried by the Deemster before whom the
accused is to be tried.
(4) Upon the trial of any person on information the whole or any two of the
jury may be sworn together, provided that an opportunity to challenge
each man separately shall be furnished to the prosecutor and the accused
before the oath is administered.
(5) If, by reason of the prisoner or the prisoners (if two or more prisoners
shall be placed on their trial together) exercising his or their right of
several challenges or by reason of the challenges by or on behalf of the
Attorney General, or by reason of the challenges of the person (other
than the Attorney General) preferring the information or from the illness
or absence of jurors, or from all or any of the said causes, a sufficient
number of the jurors returned on the panel for the then Court of General
Gaol Delivery shall not remain to try the said prisoner or prisoners, such
jurors (if any) as shall be present and able to serve, and shall remain
unchallenged, shall serve on the said jury and the said panel shall be
again called and the challenge shall be allowed in such case of such
jurors only as shall be challenged for good and sufficient cause.
28 Death or illness, etc of member of jury in a criminal trial

Where, in the course of any trial on information, any member of the jury dies or
is discharged by the Deemster as being through illness incapable of continuing
to act or for any other reason, the jury shall nevertheless, subject to the consent
being given in writing by or on behalf of both the Attorney General and the
accused and so long as the number of its members is not reduced below ten (in
the case of a trial by a jury of twelve persons) or below six (in the case of a trial
by jury of seven persons), be considered as remaining for all the purposes of
Section 29 Jury Act 1980


Page 14 AT 9 of 1980 c

that trial properly constituted, and the trial shall proceed and a verdict may be
given accordingly.
29 Validity of verdicts and trials

[P1974/23/18]
(1) No sentence or judgment after verdict in any trial by jury in any court
shall be stayed or reversed by reason —
(a) that any provisions of this Act about the summoning or
empanelling or selection of jurors has not been complied with; or
(b) that a juror was not qualified to serve as a juror in accordance
with section 1; or
(c) that any juror was misnamed or misdescribed; or
(d) that any juror was unfit to serve.
(2) Subsection (1)(a) shall not apply to any irregularity if objection is taken
at, or as soon as practicable after, the time it occurs, and the irregularity
is not corrected.
(3) Nothing in subsection (1) shall apply to any objection to a sentence or
judgment on the ground of personation.
30 Coroners not to excuse person from serving

Any Coroner or other officer who shall, directly or indirectly, take or receive
any money or other reward, or promise of money or reward, to excuse any man
from serving, or from being summoned to serve, on juries, or under any such
colour or pretence, or who shall be guilty of any act of wilful or unwarranted
departure from the provisions of this Act, in regard to the making up of lists, or
the returning and summoning of jurors to any court, shall on summary
conviction be liable to a fine not exceeding £5,000.
31 Offences

[P1974/23/20]
(1) Subject to the provisions of subsections (2) to (4) —
(a) if a person duly summoned under this Act fails to attend as a
juror in any court in compliance with such summons; or
(b) if a person, after attending at a court in pursuance of a
summons —
(i) is not available when called on to serve as a juror, or is
unfit for service by reason of drink or drugs; or
(ii) refuses to be sworn as a juror;
he shall be liable to a fine not exceeding £1,000.
Jury Act 1980 Section 32


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(2) An offence under subsection (1) shall be punishable either on summary
conviction or by the Deemster presiding over the court in respect of
which the offence was committed.
(3) An offence under subsection (1) shall not apply to a person summoned,
otherwise than under section 11 of this Act, unless the summons was
duly served on him on a date not later than fourteen days before the date
fixed by the summons for his first attendance.
(4) A person shall not be liable to be punished under the preceding
provisions of this section if he can show some reasonable cause for his
failure to comply with the summons, or for not being available when
called on to serve, or for his refusing to be sworn, and those provisions
shall have effect subject to the provisions of this Act relating to the
granting of any excusal.
(5) If any person —
(a) having been summoned under this Act makes, or causes or
permits to be made on his behalf any false representation to a
Deemster or an officer of the court with the intention of evading
jury service; or
(b) makes or causes to be made on behalf of any other person who
has been so summoned any false representation to any Deemster
or officer of the court with the intention of enabling the other to
evade jury service; or
(c) knowing that he is disqualified under Part II of Schedule 1, serves
on a jury; or
(d) having been excused jury service under section 12 fails, without
reasonable cause, to comply with any such conditions as may
have been imposed by the Deemster,20

he shall be liable on summary conviction to a fine of not more than
£5,000 in the case of an offence of serving on a jury when disqualified
and, in any other case, a fine of not more than £1,000.
32 Remuneration of jurors

(1) Every juror trying a case or at an inquest of death shall be entitled to the
following remuneration for his services, that is to say —
(a) at the rate of £56.00 for every full day of the trial or inquest; and21

(b) whenever on any day the trial or inquest sits during only one half
of that day, at the rate of £28.50.22

(2) Every person who in obedience to a summons to serve as a juror attends
for such service but is not sworn as a juror shall be entitled to be paid at
the same rate as if he were trying a case.
Section 33 Jury Act 1980


Page 16 AT 9 of 1980 c

(2A) The Treasury may by order vary any amount specified in
subsection (1)(a) or (b).23

(2B) The Treasury may be order provide that jurors shall be entitled to be
paid, in addition to any sum payable by virtue of subsection (1) or (2),
such sums by way of travelling and subsistence allowances in connection
with their attendance as may be specified in, or determined in
accordance with, the order.24

(2C) Before making any order under subsection (2A) or (2B) the Treasury shall
consult the Deemsters; and no such order shall have effect unless it is
approved by Tynwald.25

(3) Payments to jurors in respect of services in civil cases shall be made by
the plaintiff in the issue, and for that purpose the plaintiff so liable to the
payment shall deposit such sum of money as may be determined by the
court, and such deposit shall be made in such manner, at such time and
with such officer as the court may direct. The plaintiff in whose favour
the issue may be decided and being entitled to his costs, shall be allowed
in such costs the amount paid by him as remuneration to the jurors.
(4) Payments to jurors in respect of services in criminal cases or at inquests
of death shall be made by the Treasury out of the General Revenue of the
Isle of Man.26

(4A) References in subsections (2B), (3) and (4) to jurors shall be construed as
including persons referred to in subsection (2).27

(5) It is hereby declared that a member of a jury constituted under section 20
shall be entitled to remuneration under this section as a member of a jury
trying a civil case.
33 Orders by the Treasury

(1) The Treasury may by order vary —
(a) the amount of any fee for the time being payable under section 9;
(b) [Repealed]28

(2) Any order made under subsection (1) shall not take effect until approved
by Tynwald.
34 Savings in respect of Coroners’ juries etc

(1) Without prejudice to sections 20, 32(5), 35, 39, subsection (2) of this
section and Schedule 2, nothing in this Act contained shall be construed
to extend to jurors on inquests of death, or on any inquest or inquiry to
be taken before any Coroner by virtue of his office, or to juries of survey,
or juries of mariners in admiralty causes or selected juries of persons
following or skilled in particular lines of business as heretofore
accustomed; but all such inquests and juries shall and may respectively
Jury Act 1980 Section 35


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be taken in the same manner and of the same description of persons as
heretofore accustomed:
But so that no person shall be disqualified from being a member of such
a jury by reason of sex.29

(2) Payment of special remuneration to jurors of survey and other selected
juries by order of a court shall be made as heretofore accustomed.
35 [Repealed]
30

36 Financial provision

Any expenses incurred by Coroners in the exercise of their functions under this
Act shall be defrayed by the Treasury out of moneys provided by Tynwald.31

37 Interpretation

In this Act, unless the context otherwise requires —
“court
” shall be construed distributively as referring to any court to which the
provisions may be applicable and shall include a Deemster;
“sworn
” includes affirm.
38 Declaration

It is hereby declared that nothing in this Act shall be construed as affecting the
discontinuance of the terms “Common Jury” or “Common Juror” or the
abolition of Special Juries affected by the Jury Act 1960.
39 and 40 [Repealed]
32

41 Short title and commencement

(1) This Act may be cited as the Jury Act 1980.
(2) This Act shall come into operation on such day as the Governor may by
order appoint and different days may be appointed for different
provisions and different purposes.33

Jury Act 1980 Schedule 1



c AT 9 of 1980 Page 19

SCHEDULE 1

NON-JURORS

Section 2
PART I – PERSONS INELIGIBLE FOR JURY SERVICE

GROUP A34

The Legislature and associated bodies
Peers and Peeresses entitled to receive writs of summons to attend the House of Lords.
Members of Tynwald.
Members of Statutory Boards and any Committees thereof.
A Clerk to Tynwald or any Branch thereof.
GROUP B35

The Judiciary and associated persons
Deemster.
Judicial Officer within the meaning of section 3C of the High Court Act 1991.
High Bailiff.
Justice of the Peace.
Attorney General and professional members of his Department.
Any person whose duties are or include acting as clerk to any court of summary
jurisdiction.
Chief Registrar.
A person who has at any time been a person falling within any description specified
above in this Group.
A person for the time being appointed as an arbitrator pursuant to section 4(6) of the
Administration of Justice Act 1983.
Schedule 1
Jury Act 1980


Page 20 AT 9 of 1980 c

GROUP C36

Others concerned with the administration of Justice
Advocates, barristers or solicitors whether or not in actual practice as such.
Articled clerks.
Coroners.
Professionally qualified legal executives in the employment of advocates.
Lockmen.
Officers and staff of any court, if their work is mainly concerned with the day to day
administration of the court.
A shorthand writer in any court.
Probation officers and persons appointed to assist.
Members of the Staff of any remand centre, detention centre, probation home,
probation hostel or bail hostel.
Members of the Parole Committee.
Members of the body established under section 18(1) of the Police Act 1993.
A constable.
The governor and other officers of the Isle of Man Prison.
Persons employed for police purposes by the Department of Home Affairs.
Employees of the Public Services Commission assigned to the Department of Home
Affairs.
The Chief Secretary, and those members of the staff of the Cabinet Office whose work
is concerned with the administration of justice and who have been designated as such,
in writing, by the Chief Secretary.
A person who at any time within the last ten years has been a person falling within any
description specified above in this Group.
GROUP D
The Clergy etc.
A person in holy orders; a regular minister of any religious denomination.
Jury Act 1980 Schedule 1



c AT 9 of 1980 Page 21

A vowed member of any religious order living in a monastery, convent or other
religious community.
GROUP E37

Others
Persons of the following professions if actually practising and registered (including
provisionally or temporarily registered) enrolled, certified or licensed under
enactments (including Acts of Parliament) relating to that profession —
Medical practitioners,
Dentists,
Nurses,
Midwives,
Veterinary surgeons,
Pharmaceutical chemists.
The Chief Financial Officer of the Treasury.
The chief executive officer of the Department of Health and Social Care.38

[Repealed]39

The chief executive officer of the Isle of Man Post Office.
The Director of Education.
The Town Clerk of Douglas.
Full time members of Her Majesty’s naval, military or air forces.
Members of the fire brigade maintained under the Fire Services Act 1984.
Persons employed for fire-fighting purposes at an aerodrome by the Department of
Infrastructure.
Members of Her Majesty’s Coastguard Service.
Lifeboat mechanics and crews.
Lighthouse keepers.
Editors, reporters and photographers of newspapers circulating in the Isle of Man and
radio and television news reporters.
Schedule 1
Jury Act 1980


Page 22 AT 9 of 1980 c

Qualified masters, certificated engineers and licensed officers of vessels and aircraft
actually employed.
Harbour Masters.
Marine Surveyors and Assistant Marine Surveyors.
Industrial relations officers.
GROUP F40

Mentally disordered persons
A person who suffers or has suffered from mental disorder and on account of that
condition —
(a) is liable to be detained (otherwise than by virtue of an application
for admission for assessment), or
(b) is resident in a hospital or mental nursing home, or
(c) is subject to guardianship, or
(d) is subject to after-care under supervision, or
(e) regularly attends treatment by a registered medical practitioner.
(Expressions in the above head are to be construed in accordance with the Mental
Health Act 1998.)
A person with respect to whom any proceedings under Part 7 of the Mental Health Act
1998 have been commenced and have not been terminated.
GROUP G41

Disabled persons
A person who is registered as a blind person.42

A person who is certified by a registered medical practitioner to be so deaf as to be
unable to perform the functions of a juror.
A person who is in receipt of an attendance allowance under section 35 of the Social
Security Act 1975 (an Act of Parliament), as it has effect in the Island.
A person who is certified by a registered medical practitioner to be suffering from a
condition which —
(a) is likely to persist for more than 12 months, and
(b) is such as to render him incapable of performing the functions of a
juror.
Jury Act 1980 Schedule 2



c AT 9 of 1980 Page 23

PART II – PERSONS DISQUALIFIED FOR JURY SERVICE
43

1. A person who has at any time been sentenced in the British Islands or the
Republic of Ireland —
(a) to imprisonment for life or for term of 5 years or more; or
(b) to be detained during Her Majesty’s pleasure, during the pleasure
of the Secretary of State or during the pleasure of the Governor of
Northern Ireland.
2. A person who has at any time in the last 10 years, in the British Islands or the
Republic of Ireland —
(a) served any part of a sentence of imprisonment, youth custody or
detention; or
(b) been detained in a borstal institution; or
(c) had passed on him or (as the case may be) made in respect of him
a suspended sentence of imprisonment or order for detention; or
(d) had made in respect of him a community service order.
3. A person who at any time in the last 5 years has in the British Islands or the
Republic of Ireland been placed on probation.
SCHEDULE 2
44

SCHEDULE 3
45

Jury Act 1980 Endnotes


c AT 9 of 1980 Page 25

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (a) amended by Registration of Electors Act 1984 Sch 2 and by Jury
(Amendment) Act 1986 Sch. 2
Subs (2) amended by Registration of Electors Act 1984 Sch 1, by Jury (Amendment)
Act 1986 Sch and by Registration of Electors Act 2006 Sch 2. 3
Subs (2) amended by GC155/91. 4
S 3 repealed by Registration of Electors Act 1984 Sch 2. 5
S 4 repealed by Jury (Amendment) Act 1986 Sch. 6
S 5 substituted by Administration of Justice Act 2008 s 31(1), subject to transitional
provisions see SD992/08. 7
S 6 substituted by Administration of Justice Act 2008 s 31(1), subject to transitional
provisions see SD992/08. 8
S 7 substituted by Administration of Justice Act 2008 s 31(1), subject to transitional
provisions see SD992/08. 9
S 9 substituted by Data Protection Act 2002 Sch 9. 10
S 10 substituted by Administration of Justice Act 2008 s 31(2). 11
Subs (1) substituted by Criminal Justice Act 1991 Sch 4. 12
Subs (2) substituted by Criminal Justice Act 1991 Sch 4. 13
Subs (3) substituted by Criminal Justice Act 1991 Sch 4 14
S 16 amended by Criminal Justice Act 1996 Sch 2 para 4(1) with saving. 15
S 18 amended by Statute Law Revision Act 1997 Sch 2. 16
S 19 substituted by Administration of Justice Act 2008 Sch 2. 17
S 20 substituted by Administration of Justice Act 2008 Sch 2. 18
S 25 amended by Criminal Justice Act 1996 Sch 2.
Endnotes Jury Act 1980


Page 26 AT 9 of 1980 c

19
Subs (2) amended by Criminal Justice Act 1990 s 34. 20
Para (d) amended by Statute Law Revision Act 1982 Sch 1. 21
Para (a) amended by Jury (Amendment) Act 1986 s 4 and by SD60/03. 22
Subs (1) amended by Jury (Amendment) Act 1986 s 4. Para (b) amended by Jury
(Amendment) Act 1986 s 4 and by SD60/03. 23
Subs (2A) inserted by Jury (Amendment) Act 1986 s 4. 24
Subs (2B) inserted by Jury (Amendment) Act 1986 s 4. 25
Subs (2C) inserted by Jury (Amendment) Act 1986 s 4. 26
Subs (4) amended by Treasury Act 1985 Sch 2 and by Jury (Amendment) Act 1986 s 4. 27
Subs 4(A) inserted by Jury (Amendment) Act 1986 s 4. 28
Subs 1 amended by Treasury Act 1985 Sch 2. Para (b) repealed by Jury (Amendment)
Act 1986 Sch. 29
Subs (1) amended by Jury (Amendment) Act 1986 Sch. 30
S 35 repealed by Statute Law Revision Act 1997 Sch 2. 31
S 36 amended by Treasury Act 1985 Sch 2, by Jury (Amendment) Act 1986 Sch and by
Statute Law Revision Act 1997 Sch 2. 32
Ss 39 and 40 repealed by Jury (Amendment) Act 1986 Sch. 33
ADO (whole Act) 1/1/1981 (GC262/80). 34
Group A amended by Education (Miscellaneous Provisions) Act 2009 Sch 1. 35
Group B amended by Law Reform Act 1997 Sch 5 and by Administration of Justice
Act 2008 Sch 2. 36
Group C amended by GC38/82, by GC367/86, by GC398/89, by Civil Service Act 1990
s 7 by SD119/94, by SD147/96, by Cabinet Office (Legislative Amendments) Act 2014 s 2
and by Public Services Commission Act 2015 Sch. 37
Group E amended by GC119/81, by GC367/86, by GC155/88, by Post Office Act 1993
Sch 2, by SD486/94, by SD147/96, by Veterinary Surgeons Act 2005 Schs 2 and 3 and by
SD155/10 Sch 11. 38
Item amended by SD2014/08. 39
Item repealed by SD2014/08. 40
Group F substituted by Mental Health Act 1998 Sch 5. 41
Group G added by GC367/86. 42
Entry amended by Social Services Act 2011 Sch 3. 43
Part II substituted by Jury (Amendment) Act 1986 s 1. 44
Sch 2 repealed by Income Tax Act 1989 Sch 6. 45
Sch 3 repealed by Jury (Amendment) Act 1986 Sch.

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