Policy paper

Profoundly deaf jurors: Police, Crime, Sentencing and Courts Act 2022 factsheet

Updated 20 August 2022

Enabling British Sign Language interpreters to assist profoundly deaf jurors in jury deliberation rooms

1. What are we going to do?

Under the Equality Act 2010, our courts must, in the exercise of their public function, not do anything that constitutes discrimination, harassment or victimisation.

Reasonable adjustments can be made for most people with disabilities to enable them to complete jury service. However, the law has, to date, prevented profoundly deaf people, who require the services of a British Sign Language (BSL) interpreter, from having an interpreter in the jury deliberation room with them.

We are changing this to ensure that all profoundly deaf individuals are able to serve as jurors, unless the circumstances of a particular case means that it would not be in the interests of justice for them to do so.

2. How are we going to do it?

Currently, whilst BSL interpreters can assist deaf jurors in the court room, they cannot do so whilst the jury is deliberating their verdict. This is due to the common law rule which prohibits the presence of a BSL interpreter in the jury deliberation room.

We are amending legislation to enable BSL interpreters to be present in a jury deliberation room. The impact of this change will be that profoundly deaf individuals will not be excluded from completing jury service simply because they require the assistance of a BSL interpreter.

3. Background

Trial by jury is a fundamental aspect of our criminal justice system and serving as a juror is one of the most important civic duties that anyone can be asked to perform. Juries are composed of twelve individuals randomly selected by the Jury Central Summoning Bureau from the Electoral Register. This random selection enables jurors to bring varying life experiences and to be representative of the society they serve.

Under the Equality Act 2010, public sector organisations must have due regard of the need to eliminate discrimination and to advance equality of opportunity, thereby ensuring that services are accessible to everyone, including by making reasonable adjustments when appropriate to do so. This involves, where reasonable, such steps as the removal of any barriers which place a disabled person at a disadvantage when compared to a non-disabled person and the provision of auxiliary services.

The courts already make reasonable adjustments for jurors with disabilities and can arrange pre-trial visits to allow individuals to view the facilities at court and discuss their needs in more detail with court staff. For example, wheelchair users can receive practical help in dealing with documents and the appropriate positioning of their wheelchair to get a better view of proceedings.

Blind and partially sighted jurors can be provided with braille oath cards and large print documents. Arrangements are made for guide dogs being in the courtroom, going into the jury room and being allowed exercise breaks. The courts also monitor developments in potential new technology which may provide further assistance to disabled jurors.

Where third party assistance is required in the jury deliberation room, efforts will be made to arrange for a juror to be provided with this, wherever possible. For example, blind and partially sighted jurors can be assisted by a fellow juror reading out documents. Deaf individuals who are able to lipread in the deliberation room have been able to serve as jurors but those who need the services of a BSL interpreter in the jury deliberation room have been unable to do so.

4. Frequently Asked Questions

4.1 How can you ensure that the BSL interpreter will not take part in or influence jury deliberations?

Interpreters will be contractually bound to a confidentiality agreement, which will stipulate their obligation to remain impartial at all times. They will also be required to swear an oath to that effect, alongside their existing interpreter’s oath.

4.2 Will this legislation be open to other potential jurors requiring assistance, such as non-English speakers? 

No, it is limited to BSL interpreters. Legislation already prevents individuals from serving as jurors if they are unable to speak or understand English sufficiently. Nor will this new provision apply to people who are illiterate and therefore have an “insufficient understanding of English.”

4.3 How can you be sure that a profoundly deaf juror will be able to follow all the evidence, especially audio evidence?

The decision about whether a reasonable adjustment such as the provision of a BSL interpreter is sufficient to enable a disabled individual to serve as an effective juror remains with the judge. Similarly, any decision on whether a particular trial would be appropriate for a profoundly deaf juror to serve on would also remain a judicial decision, although submissions may be made by the parties prior to a decision being made.

Trial judges, as part of their duty to ensure a fair trial, have a right to intervene to ensure that a competent jury is empanelled in each case and, accordingly, will continue to decide which members of a jury panel are suitable to serve on a jury in any particular case.