Scotland alters jury reporting rules and GRC notices

Scotland has introduced two targeted tweaks to criminal court practice that matter to anyone studying media law or reporting from court. One change streamlines how very short reporting orders work during a jury’s swearing‑in. The other updates a police notification form for people subject to the Sex Offender Notification Requirements. The rules take effect on 21 February 2026 under an Act of Adjournal made by the High Court of Justiciary.

Let’s start with the jury point. If a judge makes an interim reporting restriction after the jury is chosen (balloted) but before the jurors take the oath or affirmation, and that order only lasts until the oath is taken, the court no longer has to send copies to “interested persons”. This keeps the focus on swearing the jury without creating extra admin or risking last‑minute publicity reaching jurors. For context, jury balloting and the oath stage are set out in the Criminal Procedure (Scotland) Act 1995. (legislation.gov.uk)

For you as a reporter or student, the practical takeaway is simple: you must still follow any order that is made. The exception is only about who gets notified when the order is extremely short and ends at the oath. If the court wants a restriction to continue after the jurors are sworn, the usual reporting‑restriction process resumes under the Criminal Procedure Rules. The Scottish Courts and Tribunals Service hosts the rules and forms that sit behind these procedures. (scotcourts.gov.uk)

Why does this matter educationally? Those few minutes between balloting and the oath are sensitive. Courts sometimes need a very brief restriction to prevent a headline or social post from creating a risk of prejudice at the very point jurors begin their service. Scotland previously tightened the way interim reporting orders work; the Law Society of Scotland summarised earlier reforms that required an interim order to be made first. The new tweak is narrower: it spares the court from circulating micro‑orders that expire within minutes. (lawscot.org.uk)

The second change sits in a different area. The standard police notification form used by people on the sex offenders register (those subject to Part 2 of the Sexual Offences Act 2003) now makes clear they must tell the police if they apply for a Gender Recognition Certificate (GRC) and the application is still pending, or if they obtain a full GRC issued on or after the “relevant date”. This mirrors the 2025 amendment to Scotland’s notification rules. (legislation.gov.uk)

If you teach this topic, it helps to ground it in definitions. A GRC is a legal document that recognises a person’s affirmed gender for the purposes of the law, with processes explained by National Records of Scotland. Updating the notification form does not create a new criminal offence by itself; it flags duties that flow from the existing sex‑offender notification regime once the 2025 regulations are in force. (nrscotland.gov.uk)

We should also be careful about privacy. Section 22 of the Gender Recognition Act 2004 restricts unauthorised disclosure of protected information. In Scotland, a 2023 order sets out when sharing information is lawful for justice purposes, including managing offenders and accused persons. If you’re reporting a case, you still need to avoid revealing protected information unless the law clearly allows it. (legislation.gov.uk)

A quick example for the newsroom or classroom. A jury is balloted at 10:30. The judge spots a risk that an online article could prejudice the panel before they swear at 10:40. The judge makes a narrow interim order that lasts only until the oath. Under the new rule, the clerk doesn’t have to circulate copies to interested persons in those ten minutes. Once the jury is sworn, the interim order falls and the normal notification framework applies again. (scotcourts.gov.uk)

Another example on the notification change. A registered sex offender applies for a GRC after the 2025 regulations take effect. They must notify the police about the application, and later about any full GRC that is issued. This is an administrative safeguard within the existing monitoring system. Officials have stressed that this does not imply any link between being trans and offending; the aim is accurate records and risk management. (legislation.gov.uk)

What this means for our community of learners and early‑career reporters: slow down at key moments in court, read any order in full, and note its duration. If an order only covers the gap between balloting and the oath, treat it with the same care as any restriction, but don’t assume wider distribution has happened. When covering cases involving GRCs, stick to the facts, avoid sensational framing, and remember privacy limits unless a lawful exception applies. (scotcourts.gov.uk)