The Ministry of Justice yesterday closed a consultation paper seeking comments on how old jurors should be.

Currently, there is a maximum age limit of 70 for jury service. So the former Government sought to ride the Equality Act wave and take a look at potential age discrimination in jury service. A consultation paper was launched (accessible here) with a range of different options. They were:

• keeping the age limit of 70;
• raising the age limit to 75 / raising the age limit to 75 with a right of self excusal for over 70s;
• raising the age limit to 80 / raising the age limit to 80 with a right of self excusal for over 70s;
• abolishing the upper age limit but provide a right of self excusal for over 70s.

Some may see jury service as an inalienable right, whilst others may be glad to not have to put up with the inconvenience. There may also be concerns about an elderly person's competency for being a juror, though it is also not automatically the case that someone age 71 could not withstand the pressures, whilst someone aged 35 could. In many cases, it could well be the opposite.

There are many different opinions on all sides and so the Government was surely right to initiate a debate about this, but sadly it failed in its implementation. The consultation paper was only available online and the dearth of computer possession amongst the elderly means that many of those affected by any potential changes would never even know about it. In an ironic twist, whilst looking at eradicating age discrimination, the Government may have been guilty of age discrimination itself.

A response to the consultation paper should be published later this year.