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Jury Duty - is this...
 

[Closed] Jury Duty - is this unreasonable?

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[#4471604]

Other half has been called for jury duty. At the moment, she's at home all the time looking after our 2-year-old. Now obviously can't take a two-year-old to court with her, we can't afford full-time childcare, my parents are too old to look after a 2-year-old full time, and the offspring has never been in childcare before anyway so it'd be very distressing for her.

Only option is she comes to work with me, and/or I try to work from home as much as possible. Who knows what impact that'll have on my business, our only source of income.

Court will not exempt her.

Am I wrong to think that this is completely unreasonable? Perfectly happy to do our civic duty when we can, but when it has such a massive impact it's really not on. Is there any process for appealing such decisions in Scotland?


 
Posted : 18/10/2012 3:46 pm
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you can ask for it to be deferred - in England anyway


 
Posted : 18/10/2012 3:48 pm
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Ask them what cost coverage they will provide.


 
Posted : 18/10/2012 3:49 pm
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Now obviously can't take a two-year-old to court with her

I'd imagine they'd change their mind pretty quick if she did...


 
Posted : 18/10/2012 3:49 pm
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She will be able to claim expenses from the court. Ask for a form.


 
Posted : 18/10/2012 3:49 pm
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Can you not get a deferral ? Obviously the deferral time span would need to be pretty hefty though 🙂


 
Posted : 18/10/2012 3:50 pm
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[url= http://www.scotcourts.gov.uk/courtusers/jurors/docs/jurorsallowances.pdf ]Have a wee look here[/url]

This link has the form you will need - hope this helps

cheers


 
Posted : 18/10/2012 3:51 pm
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Just get her to turn up with the 2 year old and say there is no one else to look after her and you can't afford to pay for a carer.


 
Posted : 18/10/2012 3:51 pm
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Expenses to compensate for lost business?

When they've tried with me, I've replied that I run a one-person business and I will be billing them for all the lost turnover. They leave me alone after that.


 
Posted : 18/10/2012 3:51 pm
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My wife was in exactly the same situation when our kids were little: she was granted a deferral and still hasn't been called up more than 8 years later (this was in England). I guess this isn't much help if you've already been turned down, but you're certainly not being unreasonable.


 
Posted : 18/10/2012 3:52 pm
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Ask the court how they intend to cover the issue of childcare...

If they can't - get the missus to go 'on the sick'.

Job done.


 
Posted : 18/10/2012 3:52 pm
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Thanks for all the advice, I'll pass it on and see if she can do something with that.


 
Posted : 18/10/2012 3:54 pm
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Apparently a deferral has been refused, and while they'll pay an hourly rate for childcare it doesn't come close to the real cost - besides we're not going to put her in childcare for the first time in her life because of this.


 
Posted : 18/10/2012 4:20 pm
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You can claim childcare
https://www.gov.uk/jury-service/what-you-can-claim


 
Posted : 18/10/2012 4:22 pm
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when i did my jury service there was a couple of women in the same situation as your wife.
The first time they were selected for a case the judge asked them if there was any reason why they couldn't do it and they explained their situation. The judge then removed them from the case and excused them from their remaining jury service.
I don't know if this is common practice, but the judge was very accommodating. (this was in bradford btw)


 
Posted : 18/10/2012 4:27 pm
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we're not going to put her in childcare for the first time in her life because of this.

I did wonder.
I'm amazed they won't defer. Tell her to turn up drunk, she'll be thrown out, problem solved 🙂


 
Posted : 18/10/2012 4:29 pm
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When she goes to court there will be many more jurors than the number required. Ask her to speak to the Clerk of the Court and explain the situation - she will then hopefully be excused.

I agree that you shouldn't be putting your child into childcare for the first time under these circumstances.

You sure her parents can't help? They may welcome a day with their grandchild?


 
Posted : 18/10/2012 4:34 pm
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Her parents are in Australia and Wales 🙂 Mine are local, but they're 70 and not really up to running about after a hyperactive 2-year-old for long, they can manage about 15 minutes but then need a lie down.

Hopefully she can get it sorted when she goes to court, so not too much disruption. Thanks for the advice.


 
Posted : 18/10/2012 4:38 pm
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[quote=bencooper ]Apparently a deferral has been refused
Did they give a reason or was it because

they'll pay an hourly rate for childcare
??


 
Posted : 18/10/2012 4:45 pm
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Oh and btw - nice photos on your blog.

cheers


 
Posted : 18/10/2012 4:46 pm
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No reason given AFAIK. Hourly rate for an unregistered childminder is £1/hr.

Edit: Thanks 🙂


 
Posted : 18/10/2012 4:47 pm
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Don't go thinking it'll only be a day either. My BiL was in the same boat not long since (business partner off sick due to a knee replacement). the case he would have been on was that of the couple who killed their daughter. Case took five months, he got his service deferred.


 
Posted : 18/10/2012 5:01 pm
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You can get it deferred simply for being on holiday....


 
Posted : 18/10/2012 5:02 pm
 br
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[i]Hourly rate for an unregistered childminder is £1/hr.

[/i]

Where? No, actually when - as in 1980?


 
Posted : 18/10/2012 5:05 pm
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Find a registered childminder then, there doesn't seem to be a limit on the hourly rate for them?

I guess the requirement for a registered childminder is just to stop people sending the kids to a friends/grandparents and asking for £20 an hour.


 
Posted : 18/10/2012 5:29 pm
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All she has to do is explain to the Clerk she believes defendants are innocent victims of a police state and that'll be the end of it.


 
Posted : 18/10/2012 6:12 pm
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If they can't - get the missus to go 'on the sick'.

Job done.

Or "contempt of court" as it's known in England. Involving a criminal record and possibly time inside. So, less "job done" and more just "done".


 
Posted : 18/10/2012 6:15 pm
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How about: registered childminder who attends grandparents's house. You take some (not much) time out of work to shorten the overall day.

Though I was once exempted from jury service (lawyer) that exemption has long since gone. I'd be delighted to do my duty alongside 11 others to take great care over the life of another citizen and my responsibilities to society.

I really don't get - personal hardships aside - why so many people are so keen to avoid doing so fundamental to our justice system.


 
Posted : 18/10/2012 6:20 pm
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I'd love to do it too. My intentions are not as honourable as ourmaninthenorth's though.
Your going down you slaaaaaaag!
I was a naughty boy when I was younger though so ill probably never have the pleasure.


 
Posted : 18/10/2012 6:26 pm
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I just ignored it last 2 times, nothing has happened to me.


 
Posted : 18/10/2012 6:32 pm
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2 options.

Get a letter from your GP, most will issue one no probs.

Go on the first day and tell a clerk that you know the defendant. Even better, that he/she once stole something from you, and you'll enjoy sending em down. They'll dismiss you straight away.

Honesty is not the best policy in getting out of jd!.


 
Posted : 18/10/2012 6:37 pm
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our man if my experience is anything to go by you wont believe just how dumb some jurors are

one argued we should just pick one from three as we did not know who had done the deed.
They literally did not care if someone innocent went down as long as someone did.
They also argued all of them did it as well and wanted to find them all guilty despite the judge telling us we could not do this.
He then picked one [ at random I assume] and argued they must be guilty as they were on trial 😯
Utter idiot and it made me scared to be judged by my peers as some of them are the flog em and hang whatever and have little to no brains


 
Posted : 18/10/2012 6:42 pm
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I had the same situation last year, 8 month old daughter, I am the house husband and gave up work to raise her as my wife has a well paid job, Igot 6 weeks notice for mine, no way would I or could I find childcare in time, she had never been in nursery and sure as hell wasn't going to leave her for the first time to go straight into 9-6 daycare for 2 weeks, luckily wifey managed to take 2 weeks unpaid leave..thought I could claim the equivalent of the nursery costs to help offset lost wages but oh no.....because she wasn't a registered child minder I couldn't claim, when I complained their exact words where ' it was your choice for her to take unpaid leave '...true but Ihad no choice... 2 grand in lost wages and sat around for nearly 2 weeks and did about 4hrs of actual jury service....watched loads of films which was the only bonus.....oh an easy way to get out of it is to declare any mental health problems past or present as the form says you need to be of good mental health 🙂


 
Posted : 18/10/2012 6:57 pm
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Posted : 18/10/2012 7:03 pm
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I wouldn't even trust 12 of my peers to add up let alone decipher the mangled syntax that falls from the mouths of most lawyers 🙂

If I find myself in front of the beak defending my innocence I'll elect to be tried by a judge sitting alone.

If I did it on the other hand, id put my faith in the idiocy of the rest of you 😉


 
Posted : 18/10/2012 7:08 pm
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When I did jury service there were loads of us, at least double what they needed, they discarded people with obvious show stopping issues, then what was left was filed into court (a lot more than twelve), then the judge just asked if anyone had any reason why they felt they couldn't be a juror or stay the course of what was expected to be a long trial.
To be honest anyone who had any issue at all was let go, the Judge basically saying that it was more hassle than it was worth having high maintenance jurors.

I did it, it took 3 months. But what I heard during jury deliberation shocked me more than the trial itself and has seriously dented my faith in the jury system, I think only 2 of us actually took the duty seriously and put any effort in, and at least half were happy to settle on a verdict based only on their openly stated prejudices. It's an eye opener but well worth the experience.


 
Posted : 18/10/2012 7:20 pm
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I can just imagine being on a jury with JY. 😆


 
Posted : 18/10/2012 8:14 pm
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It was some way short of 12 angry men 😉

I had never thought of that- I think you might have a point 😳


 
Posted : 18/10/2012 8:55 pm
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I really don't get - personal hardships aside - why so many people are so keen to avoid doing so fundamental to our justice system.

Well I could say I'm feeling less than enamoured towards a state that's currently doing all it can to screw over those of us on lower incomes (and pretty much everyone else too), but I won't - I'm happy to do it and I have in the past, but I'm not happy to do it if it'll cost me a lot of money or my business. I don't think that's unreasonable.


 
Posted : 18/10/2012 9:26 pm
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High court or Sheriff court?

Anyone I know that's had a High Court trip phoned up every day and was told they weren't required, except for the guy that was really busy at work, who got picked for a 3 day trial.

Can't remember how many people were called when I was at Cupar Sheriff for Jury Service, they got their 15 from what ever the public seating capacity is without picking me, so got a day off work and had to check the phone for a week.

Was rather amusing as there were 3 or 4 summary trails in front on the Sheriff while they were sorting us out and anyone that came in to the public area had to stand at the door.

Even more amusing that most of the defendants were on first name terms with all the officials.

Chances of not being picked at any point depend on where it is, Cupar Sheriff only had 1 jury trial that week so was fine,m they got 15 out of x and that was it, had anything turned up in the week they would have to have got 15 out of x - 15 though.

So if it's Glasgow Sheriff, eek.


 
Posted : 19/10/2012 12:10 am
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Surely in this day and age it will need to be a registered childminder - so go for that.

It will be an experience for the kid 🙂


 
Posted : 19/10/2012 8:17 am
 br
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[i]I wouldn't even trust 12 of my peers to add up let alone decipher the mangled syntax that falls from the mouths of most lawyers[/i]

tbh I wouldn't trust 12 of my peers to read and understand a "Red Top's" headline...

Never been asked to stand, and now I think about it, not known anyone who's done it either.


 
Posted : 19/10/2012 8:23 am