Scotland Act of Adjournal 2026: jury and GRC notices

If you report on Scottish trials or teach criminal justice, there are two small but useful changes you should know about. The High Court of Justiciary has made the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2026. It was made on 15 January 2026, laid before the Scottish Parliament on 16 January 2026, and it comes into force on 21 February 2026. The instrument is published on legislation.gov.uk so practitioners and students can read the exact wording.

First, a quick refresher. An Act of Adjournal is how Scotland’s criminal courts update their own procedural rulebook. Using powers in section 305 of the Criminal Procedure (Scotland) Act 1995, the High Court sets detailed rules that sit in the Act of Adjournal (Criminal Procedure Rules) 1996, which governs practice in the High Court of Justiciary and the sheriff court. (legislation.gov.uk)

One of the areas affected is reporting restrictions. Under the current Rule 56.2, when a judge makes an interim order restricting reporting, the clerk must immediately send a copy to any “interested person”, and the order must explain why a full order is being considered. “Interested persons” are people who have asked to see such orders and whose names appear on a list kept by the Lord Justice General-often newsrooms and legal publishers. (legislation.gov.uk)

From 21 February, there is a specific carve‑out. If an interim reporting restriction is made after the jury is balloted and it lasts only until the jurors take the oath or affirmation, the usual immediate‑notification and reasoning steps in Rule 56.2(2) and (3) do not apply. In other words, during that short pre‑swearing window, the court does not have to send the interim order to people on the “interested persons” list.

What this means for you is simple: a full reporting restriction still gets publicised in the normal way, but the brief holding order between selection and swearing may not. Keep listening in court and check the Scottish Courts and Tribunals Service website for any confirmed order, because Rule 56.4 continues to require publication when an order is actually made. (legislation.gov.uk)

Try this example with your class or newsroom team. A jury is selected at 10:15. To protect the panel from live reporting before they are sworn, the judge makes a short interim order at 10:18 that expires when the oath is taken at 10:25. You may not receive the usual immediate email or notice for that interim step, but once any ongoing reporting restriction is made, it should appear on the SCTS site and be served in the usual way.

The second change updates Form 20.3A‑B-the standard notice handed to people who must notify the police under Part 2 of the Sexual Offences Act 2003. The form will now state that a person must tell the police if they apply for a gender recognition certificate (and the application has not yet been decided) or if they obtain a full GRC on or after the relevant date. This aligns the court’s paperwork with the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025 considered by MSPs. (legislation.gov.uk)

So, what is the “relevant date”? Ministers explained to the Scottish Parliament’s Criminal Justice Committee on 26 November 2025 that it is normally the date of conviction under the 2003 Act. Where someone already had a GRC before that date, there is no duty to notify; the duty bites only on an outstanding application at that date or a certificate issued on or after it. (parliament.scot)

It’s also important to keep the purpose clear in class and in coverage. The Scottish Government has said this is not an implied link between trans people seeking legal recognition and offending; it ensures Police Scotland is informed so identity can be managed under existing MAPPA processes. Failing to comply with notification requirements is already a criminal offence and can carry up to five years’ imprisonment. (gov.scot)

Finally, a note on authorship and dates. The instrument is signed by the Lord Justice General, Paul Cullen (Lord Pentland), who has served as Scotland’s head of judiciary since 3 February 2025. Use this piece as a timeline exercise: made on 15 January 2026, laid on 16 January 2026, and in force from 21 February 2026-showing how rule changes shape what we do in court without rewriting the criminal law itself. (judiciary.scot)