Rethink: Government U-turn on jury service provokes urgent launch of charity campaign
Wednesday, 13 January 2010 12:00 AM
Mental health charity Rethink today (13 January 2010) launches an assertive campaign to put pressure on the government to keep its promise and reconsider an archaic rule that bans people with mental health problems from serving on a jury (see 1 in notes).
Despite repeated government promises since June 2004 to consult on the issue, the Ministry of Justice has this week confirmed that it will not be publishing a consultation after all. To date no explanation has been offered.
At 00:01hrs, Wed 13 Jan, Rethink will launch an online counter to keep track as the number of people excluded from jury service continues to rise. The "Don't Count Me Out" jury counter will start at 50,000 (see 2 in notes) at midnight and go up by one an hour - the rate at which individuals are excluded - until the government delivers on its promise to publish a consultation.
Later in the day, up to 150 mental health activists are expected to bombard Justice Secretary Jack Straw with emails, calling on the government to think again about its decision not to consult.
At the same time, Rethink's chief executive Paul Jenkins will publish an open letter to Jack Straw, complaining about the government's decision to renege on its commitment. In the letter Jenkins will demand an "urgent explanation" about the government's change of heart or, preferably, a "reassurance" that the government will agree to consult on the issue before the end of this Parliament.
In addition to the attached letter, Jenkins says: "Since the government's consultation pledge in 2004, 50,000 additional people with mental health problems have been automatically barred from jury service. Now we hear, without any explanation, that the government has had a change of heart and will not be consulting on this issue. How much longer do we have to wait - and how many more people must be unfairly excluded - before the government takes action to address this discriminatory practice?"
"People with mental health problems should be judged on their capacity, not according to their diagnostic label. Jury service is a basic civic duty and this archaic rule prevents many capable citizens from taking part. We urge the government to re-examine its evidence and think seriously about tackling the issue before the general election."
Rethink would like the Mental Capacity Act's definition of capacity to be used as the basis for determining who should be excluded from jury service. Currently, even people taking medication prescribed by their GP for minor mental health problems could be disqualified.
Pippa Jones has bipolar disorder. She says: "When I received my summons to serve on a jury I was excited and interested. Then I read the form and realised that I am not qualified for jury service because I have a mental illness and regularly attend for treatment by a medical practitioner. I was horrified to be banned along with serious offenders."
"It is a mystery to me why you can't do jury service because of a past mental illness which means you have to continue to take medication. It is upsetting to think that I pay taxes and obey the law but that I am still regarded as a third class citizen. It seems that the authorities would rather have people with mental illness who don't attend for treatment - and therefore don't take their medication - on a jury. This situation has to change."
Legendary broadcaster Stephen Fry and the Criminal Bar Association also support Rethink's campaign for the government to publish a consultation.
Stephen Fry says: "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."
Paul Mendelle, chair of the Criminal Bar Association adds: "Trial by jury is a vital component of our criminal justice system and in order to work at its best, juries should represent a cross-section of society. Figures suggest that one in four people will be affected by mental health problems, so it seems inappropriate to impose a blanket ban that prevents anyone with a history of mental illness from sitting on a jury without assessment of their capacity."
For more information/case studies/further comment call 020 7840 3138.
Notes to editors
1. Under the Juries Act 1974, a person affected by a mental illness who is receiving treatment from a medical practitioner is not allowed to sit on a jury.
2. Five and a half years ago the government promised to publish a consultation yet no action has been taken. Since then, tens of thousands of people receiving treatment for mental health problems have automatically been excluded from jury service without proper consideration of their capacity to serve. Today, the number of people with mental health problems automatically excluded from jury service since the government's promise in June 2004 reaches a whopping 50,000.
3. Government statistics show that more than 750 people each month are barred from jury service on the grounds of their mental health.
4. On 14 June 2004, a report published by the Social Exclusion Unit stated that by spring 2005: "The Home Office and Department for Constitutional Affairs, with advice from DH, will consult on modernising current eligibility criteria for jury service which exclude many adults with mental health problems."
5. To view online go to:
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