Juries and mental illness

Under the Juries Act 1974, people undergoing treatment for mental health problems are not permitted to serve on a Jury. Mental health charity Rethink are campaigning for a change in the law from a blanket ban to a test based on capacity as defined in the Mental Capacity Act 2005. An interesting way to start a discussion of the topic with your students. If they need a celebrity angle (!) Stephen Fry is one backer of Rethink’s campaign.

Under current legislation, Rethink argues, many capable people are not permitted to serve, including luminaries such as Stephen Fry, who has the following to say about it:

“There are thousands of people with mental health problems who are willing and perfectly capable of serving on a jury but who find themselves rejected solely because they see a doctor from time to time for support or medication. Exclusion purely on the grounds of treatment for a mental health problem is unfair and discriminatory, and eliminates a whole tranche of law abiding, competent individuals who should be entitled to play their part in the justice system.”

There’s a good article by Clare Allen on this here which would make useful extension material.