(5) In subsection (1) above the words “served on a jury” refer to service on a jury in any court, including any court of assize or other court abolished by the 1971 c. 23.Courts Act 1971, but excluding service on a jury in a coroner’s court.
Excusal for certain persons and discretionary excusal. 9.—(1) A person summoned under this Act shall be entitled, if he so wishes, to be excused from jury service if he is among the persons listed in Part III of Schedule 1 to this Act but, except as provided by that Part of that Schedule in the case of members of the forces and others, a person shall not by this section be exempt from his obligation to attend if summoned unless he is excused from attending under subsection (2) below.
(2) If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why he should be excused from attending in pursuance of the summons, the appropriate officer may excuse him from so attending and shall do so if the reason shown is that the person is entitled under subsection (1) above to excusal.
(3) Crown Court rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to excuse him under subsection (2) above.
(4) Without prejudice to the preceding provisions of this section, the court (or any of the courts) before which a person is summoned to attend under this Act may excuse that person from so attending.
Discharge of summonses in case of doubt as to capacity to act effectively as a juror. 10. Where it appears to the appropriate officer, in the case of a person attending in pursuance of a summons under this Act, that on account of physical disability or insufficient understanding of English there is doubt as to his capacity to act effectively as a juror, the person may be brought before the judge, who shall determine whether or not he should act as a juror and, if not, shall discharge the summons; and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder.
The ballot and swearing of jurors. 11.—(1) The jury to try an issue before a court shall be selected by ballot in open court from the panel, or part of the panel, of jurors summoned to attend at the time and place of in question.
(2) The power of summoning jurors under section of this Act may be exercised after balloting has begun, as well as earlier, and if exercised after balloting has begun the court may dispense with balloting for persons summoned under that section.
