Scotland confirms new jury rules from 1 January 2026

Scotland has set the timetable for changes to juries and parole under the Victims, Witnesses, and Justice Reform (Scotland) Act 2025. The first commencement regulations were signed on 9 December 2025, laid before the Scottish Parliament on 11 December, and start bringing key measures into effect from New Year’s Day.

From 1 January 2026, five provisions switch on. Section 62 sets the rules on jury size and quorum. Section 65 covers the labels used for verdicts and the majority needed for a guilty verdict. Section 66 formalises the verdict of guilty or not guilty. Sections 67 and 68 authorise research into juries and require public reporting of that research by or for Scottish Ministers.

Let’s put those ideas in plain terms so you can teach or revise them confidently. Jury size is how many people sit on a jury; the quorum is the minimum number who must be present for the trial to proceed. The majority requirement explains how many jurors must agree for a guilty verdict. The verdict provisions standardise the wording that juries use in court. The research powers mean carefully designed studies about juries can go ahead, with findings published so we can all learn from them.

There’s a clear transitional rule to protect fairness. Trials that have already started before 1 January 2026 will continue under the previous jury rules. The Regulations define when a trial is treated as having started: in summary cases, it is when the first witness is sworn; in solemn cases, it is when the jury is sworn. That avoids changing the rules part‑way through a live trial.

Parole changes arrive a little later. On 23 March 2026, section 55 on Parole Board decisions where a prisoner is thought to have information about a victim’s remains comes into force, alongside section 56, which places safety and security of victims and their families at the forefront of the Board’s considerations. These provisions guide how factors are recorded and weighed in release decisions.

For context, the legislation received Royal Assent on 30 October 2025 and several administrative sections came into force the following day, according to the official note on legislation.gov.uk. The instrument laid today is the first commencement step that activates front‑line rules on set dates.

If you’re learning or teaching Scots criminal procedure, build two study check‑points. From 1 January 2026, expect updated courtroom directions on juries and a programme of jury research. From 23 March 2026, expect updated Parole Board rules. Label notes ‘pre‑2026’ and ‘post‑2026’ to keep case studies and mock trials tidy.

Some quick definitions help in class discussion. A Scottish Statutory Instrument (SSI) is the formal tool ministers use to bring parts of an Act into operation. ‘Made’ means signed by ministers; ‘laid’ means placed before the Scottish Parliament; ‘coming into force’ is the date the rule starts to apply. ‘Summary’ procedure is without a jury; ‘solemn’ is with a jury, in the sheriff court or the High Court.

What this means for people in court early in 2026 is straightforward. If you are called for jury service, the instructions you receive and the language used for verdicts may differ from older textbooks. If you are involved in a case that began before 1 January 2026, your trial continues under the rules that applied on its start date-an important safeguard spelled out in these Regulations.

For transparency, the instrument is titled the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (Commencement No. 1 and Transitional Provision) Regulations 2025 (SSI 2025/393). It was signed in Edinburgh by Angela Constance, a member of the Scottish Government, on 9 December 2025, and the source text is published on legislation.gov.uk.