Scotland adds juror support oath and updates affirmations

If you’re called for jury service in Scotland later this year, two practical things will look different. Jurors who choose to affirm will do so together rather than one by one. And where the court appoints a juror’s communication supporter, that person will also take an oath or make an affirmation before assisting the juror in court and in the jury room.

These updates are made by the High Court of Justiciary through an Act of Adjournal signed on 18 February 2026 and laid before the Scottish Parliament on 19 February 2026. The rule changes amend the Criminal Procedure Rules 1996 and will take effect when two parts of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 are formally commenced by ministers, a process the Scottish Government is rolling out in stages. (parliament.scot)

Quick explainer: an Act of Adjournal is how Scotland’s criminal courts update their own procedures. It is a Scottish Statutory Instrument made by the High Court of Justiciary and then “laid” before the Parliament; it sits in the Books of Adjournal and does not require a vote. Think of it as the courts’ instruction manual being refreshed. (gov.uk)

The 2025 Act created a new option for the court to appoint a juror’s communication supporter to help a physically disabled juror participate fully, for example through a British Sign Language interpreter or speech‑to‑text reporter. The new court rules now provide the exact wording of the oath or affirmation that supporter must take before doing that job, so everyone in the room understands their duty to assist communication only, not deliberation. (gov.scot)

For you as a juror, the other visible change is the affirmation. If you decide to affirm rather than swear a religious oath, you’ll now do so collectively with your fellow jurors. Court guidance used by support organisations already describes this as the judge putting a single question to the panel and jurors replying together, which can be less stressful than repeating lines individually. (stamma.org)

On the technical side, the Act of Adjournal inserts a new rule into Chapter 14 of the Criminal Procedure Rules, labelled rule 14.3A. It sets out that when a juror’s communication supporter is appointed under the Criminal Procedure (Scotland) Act 1995, the judge must administer the prescribed oath or, if the supporter elects, the prescribed affirmation. The rule points to two new forms that capture those exact words so practice is consistent across courts.

The paperwork is being updated too. Form 14.3‑B, which contains the juror’s affirmation, is replaced so that affirmation is taken together by the whole panel. Two new forms, 14.3A‑A and 14.3A‑B, are added for the juror’s communication supporter’s oath and affirmation. If you teach law or civic education, this is a neat, concrete example of how legislation filters into courtroom scripts and forms students actually see.

What it means for access to justice: the Scottish Government’s policy aim here is simple-remove practical barriers that keep disabled citizens from serving. By allowing a supporter to be present throughout deliberations (and binding that supporter by oath or affirmation), the court can include more people without compromising confidentiality or fairness. (gov.scot)

Timing matters. Although the rules are made and laid, they start on the dates when two sections of the 2025 Act begin: section 64, which creates the communication supporter framework, and section 63, which underpins the updated approach to affirmations. The Government has confirmed that different parts of the 2025 Act will come into force in stages, so practitioners should watch for the relevant commencement order and updated SCTS guidance. (gov.scot)

If you’re preparing a class, here’s a short study guide in sentence form. First, courts change their own procedures by Act of Adjournal; you can see the Criminal Procedure Rules 1996 arranged by chapter on the Scottish Courts and Tribunals Service site. Second, Parliament passes the big framework laws-like the 2025 Act-and then ministers switch sections on via commencement. Finally, rule changes feed into judicial training materials, such as the Judicial Institute’s updated Jury Manual, and into the forms jurors and court officers actually use. (scotcourts.gov.uk)