Deaf News: Profoundly deaf people to become jurors under UK Government ‘overhaul’

Posted on March 9, 2021 by


A hand fingerspelling alongside text which reads: 'More accessibility for profoundly deaf jurors'.

British Sign Language (BSL) users will be able to take part in jury service under new Government proposals unveiled today.

The Police, Crime, Sentencing and Courts Bill, set to be introduced to Parliament today, aims to amend the common law to allow BSL interpreters into the deliberation room.

A UK Government press release reads: “For the first time [we’re] enabling deaf people to sit on juries. Current laws ban the presence of a ‘stranger’ being in the jury deliberation room – this will be scrapped and instead allow a British Sign Language interpreter into the room.”

The news is a win for Deaf campaigners, with several individuals previously rejected from jury service because of the so-called ‘13th juror’ rule.

In 1999, the then chief executive of the British Deaf Association (BDA), Jeff McWhinney, was refused permission to serve as a juror, with Judge Shirley Anywl QC saying that there was “no law which permits either me or any other judge of the crown court” to allow for a BSL interpreter in the deliberation room.

She also said that doing so would amount to an “incurable irregularity”.

The legal stance was also challenged in 2018 by David Buxton, chief executive of Action on Disability, who filed a judicial review on the issue.

Organisations have too called for change, with a report from the United Nations’ Committee on the Rights of Persons with Disabilities in 2017 calling for the UK Government to ensure all disabled people are “provided with adequate procedural accommodation within the justice system”.

“[They should] enable in particular deaf persons through the use of sign language interpreters, to fully and equally participate as jurors in court proceedings,” the document reads.

Meanwhile, a BDA spokeswoman told the Disability News Service in 2018 that the current practice “is an overt form of institutional discrimination and failure to accord Deaf people their rights as full citizens”.

“Justice should not only be received but also dispensed by all sections of the community including Deaf people,” they said.

The bill, if approved by Parliament, would apply to England and Wales only.

Photo: @MoJGovUK/Twitter.

By Liam O’Dell. Liam is a mildly deaf freelance journalist and campaigner from Bedfordshire. He wears bilateral hearing aids and can be found talking about disability, theatre, politics and more on Twitter and on his website.


Update: In a statement issued to The Limping Chicken, David Buxton said today’s news is “long, long overdue but very welcome”.

He said: “I am very pleased that the Ministry of Justice has finally recognised the need to update the law to allow BSL/English interpreters in the Jury Room in order that they may interpret for Deaf jurors who use sign language. This is indeed welcome news and comes after several years of lobbying ministers through a series of meetings in my previous role as Chief Executive of the British Deaf Association (BDA).

“The then Justice Minister met the BDA to discuss the outcome of the Working Group’s recommendations and its plans to review the legislation after the General Election 2015. However, these still hadn’t been implemented by the time I received a letter calling me for Jury service in 2017.”

This call for jury service is what led to the judicial review being filed, with the Ministry of Justice later asking for the opportunity to “look into the matter further” and examine “how the law should address this”.

Buxton continued: “Having agreed to that in 2018, I returned some nine months later to remind them of their obligations, to which they said they were still working on this matter. This was in 2019 and the delay was unacceptable to me so I contacted various key parliamentarians asking them to raise questions with the relevant Ministers whilst continuing to lobby the Minister.

“It’s now 2021, and finally, a new day dawns with this change to common law enabling Deaf sign language users to be part of the Justice System.

Buxton concluded by thanking his solicitor, Louise Whitfield; Professor Jemina Napier; Matthew Banks; Linda Richards and the Justice Secretary Robert Buckland QC MP.

Commenting on Twitter, Professor Napier said: “Amazing news. This is research impact! After a 10-year programme of research confirming that there are no barriers to deaf people serving as jurors when working with sign languages interpreters, we have now seen legislative change in Australia, Ireland & England!”

Buckland, who is also lord chancellor, added: “Disability should not be a barrier to people carrying out this most important civic duty.

“I am delighted we can open up jury service to many thousands more people and ensure our justice system becomes as accessible and inclusive as possible.”

The news was also welcomed by the Royal National Institute for Deaf people, with Advocacy Officer Annie Roberts saying in a statement: “Jury service is an obligation we all have as law abiding citizens, deaf people are citizens and therefore its only right that we should be able to play our part in society equal to everyone else. This is a small step forward for an inclusive society and valuing the contribution of the deaf community to our country.

Meanwhile Justin Tomlinson MP, the Minister for Disabled People, Health and Work, said: “I am committed to making sure disabled people can participate fully in society and this announcement is a key step forward in achieving that ambition.”


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