JURY MANUAL

 

Seats in the jury area

 

Updated June 2026

The Judicial Institute has been working on reformatting the Jury Manual. The chapters which have been updated since 3 September 2024 can be found as individual files below. The remaining chapters are contained in a separate PDF and are correct up to 3 September 2024.

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        Jury Manual

PART I JUDICIAL MANAGEMENT OF JURY TRIALS / WRITTEN DIRECTIONS

  1. Judicial management of jury trials - stages of the trial process
  2. Written directions for jurors in Scottish courts

PART II CHARGING THE JURY: THE GENERAL PART

  1. General directions
  2. Aggravations (Statutory)
  3. Alibi
  4. Coercion
  5. Concert
  6. Consent - Notice of Special Defence
  7. Corroboration generally/ Corroboration in rape, etc.
  8. Corroboration: Evidence of Distress
  9. De Recenti Statements
  10. Diminished Responsibility
  11. Evidence of recordings, etc.
  12. Hearsay
  13. Identification - the Need to Take Care
  14. Incrimination
  15. Insanity/ Lack of criminal responsibility by reason of mental disorder at the time of the offence
  16. The Morrison and McCutcheon Rules (Exculpatory and Mixed Statements)
  17. Res Gestae Statement
  18. Skilled Witnesses and Expert Evidence
  19. Statements made to the police/investigators by suspect
  20. Statements outwith presence of the accused

PART III CHARGING THE JURY: COMMON LAW OFFENCES

  1. Assault
  2. Conspiracy
  3. Murder and attempted murder
  4. Rape

PART IV CHARGING THE JURY: CERTAIN STATUTORY OFFENCES

  1. Criminal Justice and Licensing (Scotland) Act 2010: Threatening or Abusive Behaviour
  2. Criminal Justice and Licensing (Scotland) Act 2010: Stalking
  3. Criminal Law (Consolidation) (Scotland) Act 1995: Incest
  4. Criminal Law (Consolidation) (Scotland) 1995: Racially-Aggravated Harassment
  5. Domestic Abuse (Scotland) Act 2018
  6. Hate Crime and Public Disorder (Scotland) Act 2021: Racially Aggravated Harassment
  7. Misuse of Drugs Act 1971
  8. Road Traffic Act 1988

PART V VERDICTS

  1. Alternative verdicts
  2. Problems with verdicts
  3. Verdicts - concluding remarks