Scotland sets new jury affirmation and supporter oaths

If you serve on a jury in Scotland and prefer to affirm rather than swear, you will soon do that affirmation together with the other jurors who choose the same route. And if you need help to communicate - for example, a deaf juror using British Sign Language - the court can appoint a communication supporter who will first take their own oath or affirmation. These updates come in a new set of court rules made on 18 February 2026 and laid before the Scottish Parliament on 19 February 2026, signed by the Lord Justice General, Paul Cullen. (en.wikipedia.org)

What exactly has changed is straightforward. The High Court of Justiciary has amended the Criminal Procedure Rules 1996 to do two things. First, it creates a formal oath or affirmation for a juror’s communication supporter and adds two new forms to be used by judges when administering it. Second, it updates the juror affirmation form so that jurors who decide to affirm can do so collectively rather than one by one.

If you are teaching or learning about how rules get made, it helps to know the vocabulary. An Act of Adjournal is the legal tool the High Court uses to set or update criminal court procedure in Scotland. Since devolution, these instruments appear as Scottish Statutory Instruments and often fine‑tune the day‑to‑day running of trials, including the wording of oaths and affirmations. (scotcourts.gov.uk)

Collective affirmation, in plain words, means that the jurors who choose to affirm will stand and affirm together using the updated form, instead of repeating the words individually. The change sits alongside wider justice reforms passed in 2025, which also touched on oaths and affirmations, so the courtroom language matches the law on the books. (parliament.scot)

The new role you will see referenced is a juror’s communication supporter. Under powers created by the 2025 Act, the court can appoint a trained person to help a physically disabled juror take part fully in the trial, including deliberations. That support might be BSL or tactile BSL interpreting, guide‑communication or real‑time speech‑to‑text. Before assisting, the supporter must take an oath or affirmation in court to underline accuracy and confidentiality. (gov.scot)

Timing matters. These updates start when the Scottish Government brings specific parts of the 2025 Act into force: the collective affirmation form begins when section 63 commences; the supporter’s oath and affirmation begin when section 64(2) commences. Different sections of an Act can start on different dates, so if you are called for jury service, check the information on your citation or the official court guidance to see what applies on your date. (parliament.scot)

If you are cited for jury duty, you can still choose a religious oath or a secular affirmation - both carry exactly the same legal weight. If you think you will need a communication supporter, contact the court office as early as possible so arrangements can be considered; official guidance explains eligibility, excusal and accessibility for jurors. (scotcourts.gov.uk)

What this means for learning and teaching is clear: Parliament sets the framework in an Act; the courts then update practical courtroom rules, like the exact words people say. Here, the goal is inclusion and clarity - disabled jurors can participate with support that is accountable to the court, and collective affirmations should make the start of trials smoother without changing the legal effect. (scotcourts.gov.uk)

Key facts to remember for revision: the instrument is titled Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Affirmations and Oaths) 2026; it was made on 18 February 2026 and laid on 19 February 2026; it updates the juror affirmation to be collective and sets an oath or affirmation for a juror’s communication supporter. Keep that title handy if you want to look up the exact forms used in court.