Scotland amends jury and notification rules 2026

Here’s a quick, classroom‑friendly take on a small but useful change in Scotland’s criminal courts. A new Act of Adjournal, made on 15 January and laid on 16 January 2026, starts on 21 February 2026 and does two things: it clarifies when courts must notify interim reporting restrictions during jury selection, and it updates a standard police notification form. The instrument is signed by the Lord Justice General, Paul Cullen (Lord Pentland), and is published on legislation.gov.uk. (judiciary.scot)

What is an Act of Adjournal? In Scotland, the High Court of Justiciary uses Acts of Adjournal to update the Criminal Procedure Rules 1996 under powers in the Criminal Procedure (Scotland) Act 1995. Think of it as the courts keeping their rulebook current so trials run fairly and efficiently. A certified copy is placed in the Books of Adjournal, the official criminal court record.

The first change is a timing fix. Rule 56.2 on notifying reporting restrictions now excludes a very short window: if a judge makes an interim reporting order after the jury has been balloted and it lasts only until the jurors take the oath or affirmation, the court does not need to send copies to ‘interested persons’ in that brief period. As soon as the jury is sworn, the usual notification duties resume if any order continues.

Why this matters for you as a reporter or student: jury selection can involve last‑minute directions to avoid prejudice while jurors are being sworn. Sending out formal notices during those minutes can be impractical. This change lets the court manage the swear‑in smoothly without diluting open justice, because any order that runs beyond the oath must still be notified and can be challenged in the normal way.

Quick definitions for your notes: ‘balloted’ means the court has drawn the names of the people who will sit on the jury; the ‘oath or affirmation’ is the moment those jurors formally promise to try the case impartially; an ‘interim order’ is a short holding decision; and an ‘interested person’ is anyone the order directly affects or who should be told about it, often including accredited media.

What this means in practice if you’re covering a trial: look out for any short, in‑court reminders during the swear‑in and expect written notices either before ballot or after the oath, not during. If you’re unsure, ask the clerk to confirm what you can report and when. The law on postponement and anonymity remains the same; this update is about a narrow slice of time.

The second change updates Form 20.3A‑B - the notice given in court to people who must notify the police under Part 2 of the Sexual Offences Act 2003. The form will now make clear that a person must tell the police if they have applied for a gender recognition certificate and the application is still pending, or if they obtain a full certificate issued on or after the relevant date. Form 20.3A‑B is the standard notice for these duties and has been updated before, including in 2015. (legislation.gov.uk)

Why add this line now? The court says the form is being aligned with Scottish Government regulations progressed in 2025 on notification requirements. Draft regulations and a parliamentary motion signalled these changes, so the court’s paperwork now mirrors the underlying duty. For students, the headline is simple: the form catches up with the law. (legislation.gov.uk)

Important context: this update is about record‑keeping for people already subject to notification requirements (often called being “on the register”). It does not change who can apply for a gender recognition certificate, and it does not alter the process for obtaining one. It ensures that, if a registered offender seeks or receives a certificate, the police are told as part of existing notification rules under the 2003 Act. (legislation.gov.uk)

Key date for your diary: the changes take effect on 21 February 2026. If you want to read around the topics covered here, the Criminal Procedure Rules explain jury selection and oaths, and the Scottish Courts and Tribunals Service publishes the standard criminal forms used in court, including the 20‑series. (legislation.gov.uk)