In a bid to make the justice system more inclusive and reflective of modern society, the government has announced that the age limit for jurors in England and Wales is to increase from 70 to 75. The current system, it argues, is not reflective of the increase in life expectancy experienced by this country over the past 25 years.
As of 2013, only people aged 18-70 are allowed to serve as jurors and around 178,000 people take part in jury service each year in England and Wales. The government states that although people aged 70-75 would be asked to be jurors in the future, anyone could be excused from jury service with good reason.
Groups which represent the elderly have applauded the decision, calling it timely and wise. The director of Saga, Paul Green, argues that older people can bring their life experience to the jury. He stated that ‘Many remain astute, savvy and mentally agile…and will be a valued addition to any jury’.
As of 2013 in the UK, people aged 65-69 have the choice of whether or not they wish to serve. However, there are plans to increase the age of having the choice of whether or not to serve to 70, with the intention of abolishing the upper age limit.
The last time the age range for jurors was amended in England and Wales was in 1988, when the Criminal Justice Act raised the age limit to 70 from 65. Between 1988 and 2004, anyone aged 65-70 could be excused automatically from jury service. After 2004, people in this age range could only be excused if they had good reason.
The change announced last Tuesday will mean that anyone aged 70-75 who is summoned to act as a juror will be expected to serve and will be treated like other jurors. However, significant caring responsibilities or a medical condition may be a legitimate excuse not to perform.
Primary legislation is required to execute this change to the age limit. It is expected to be brought forward in the first half of next year.
Professor Cheryl Thomas, Jury Project director at University College London, argues that the change is long overdue, claiming that the decision brings England and Wales up to speed with the rest of the common law systems.
The impact of this change to legislation will be seen from 2015 onwards.