Scotland updates juror oaths and support in 2026
If you are called for jury service in Scotland this year, a couple of things will look different. Jurors who choose to affirm will now do so together, and courts will be able to appoint a juror’s communication supporter to help a juror who is physically disabled take part fully.
These updates come via an Act of Adjournal made by the High Court of Justiciary and signed in Edinburgh by the Lord Justice General, Paul Cullen, on 18 February 2026, then laid before the Scottish Parliament on 19 February 2026. The instrument amends the Criminal Procedure Rules 1996 and ties the start of the changes to dates set by the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.
A quick refresher helps. An oath is a religious promise; an affirmation is a non‑religious promise. In Scottish courts both have the same legal effect. You do not need to give a reason for choosing one over the other, and court staff should guide you calmly through either option.
What actually changes for jurors is the format of the affirmation. The updated Form 14.3‑B means jurors who decide to affirm will do so collectively rather than one by one. This follows changes to section 6 of the Oaths Act 1978 made by section 63 of the 2025 Act, so the court’s wording now matches the law.
For many people this is simply tidier courtroom practice. Group affirmations reduce repetition, keep the process moving, and underline that an affirmation is every bit as serious and binding as a religious oath. The choice remains entirely yours.
The second piece is new: a juror’s communication supporter. Under a new section 88A of the Criminal Procedure (Scotland) Act 1995, created by section 64 of the 2025 Act, the court can appoint someone to assist a juror who is physically disabled so they can follow and contribute to the trial on an equal footing.
Because that supporter will be involved in court business, the judge must administer an oath or, if they prefer, an affirmation to the supporter. Two new forms-14.3A‑A for the oath and 14.3A‑B for the affirmation-set out the exact wording the judge will use before the supporter begins their role.
Timing matters and there are two switch‑on points. The collective affirmation for jurors begins when section 63 of the 2025 Act is commenced. The rules for appointing and swearing a juror’s communication supporter begin when section 64(2) is commenced. Until those legal start dates arrive, courts continue with the current process.
If you receive a jury citation, nothing about your rights changes. You may take an oath or make an affirmation, and that decision is respected. If you believe you will need communication support to serve, contact the court as early as possible so the judge can consider appointing a supporter under the new power.
For classrooms and study groups, this is a clear case study in how small rule changes can widen participation. By updating a single form and defining a support role, the justice system signals that service on a jury should be open to as many of us as possible.
For legal practitioners and court staff, the shift is practical rather than dramatic. Clerks will organise group affirmations, and judges will administer the supporter’s oath or affirmation using the prescribed forms. The substance of juror duties and the standard of proof do not change.
If you want the official text, look for the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Affirmations and Oaths) 2026 on legislation.gov.uk. It records that the instrument was made on 18 February 2026, laid on 19 February 2026, and will take effect in line with sections 63 and 64 of the 2025 Act.