Scotland sets 1 Jan 2026 start for new jury rules
Scotland will switch on new jury rules from 1 January 2026, with further parole safeguards due on 23 March 2026. The timetable is set in Commencement Regulations (SSI 2025/393) signed by Angela Constance on 9 December and laid before the Scottish Parliament on 11 December 2025, according to the Scottish Government. For readers from Cumbria to Northumberland who regularly interact with the Scottish justice system, the dates matter.
From New Year’s Day, sections 62, 65 and 66 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 take effect, covering jury size and quorum, the verdicts available (guilty or not guilty), and the majority required for a guilty verdict. Sections 67 and 68 also commence on that date, enabling research into juries and placing a duty on Ministers to report findings.
Crucially, the changes are not retrospective. The Regulations state that sections 62, 65 and 66 “do not have effect” for trials that began before 1 January 2026. A trial is taken to have started when the first witness is sworn in summary proceedings, and when the jury is sworn in solemn proceedings-avoiding mid‑trial rule changes and helping courts keep cases on track.
Two further provisions go live on 23 March 2026. Section 55 addresses Parole Board decisions where a prisoner holds information about a victim’s remains, while section 56 requires the Parole Board to have regard to the safety and security of victims and their families. For border communities and families spread across Scotland and the North of England, that timetable offers a clear window to prepare submissions and seek support.
For northern practitioners with clients in Scottish proceedings, the message is straightforward: check the start date of the trial and apply the rules in force on that day. If a Scottish trial begins on or after 1 January, the revised jury framework applies; if it began earlier, the pre‑2026 rules continue for that case.
Jurors in Scotland will receive updated directions once the provisions are in force. While residents of England and Wales are not summoned for Scottish jury service, victims, witnesses and accused persons from the North frequently attend Scottish courts. Travel, support and expectations should be planned around the new dates.
Victim support teams across the North may wish to pencil in the March change to Parole Board rules, particularly where the location of remains is unresolved. The explicit emphasis on safety and security sits alongside existing notification schemes in Scotland; those registered should look out for official guidance early in the new year.
The Act received Royal Assent on 30 October 2025. As noted in the Scottish Government’s explanatory note, sections 112 to 114, 116 and 117 came into force the following day. The Commencement No. 1 Regulations now set the first operational dates for the core jury and parole measures, and bear the signature of Angela Constance at St Andrew’s House, Edinburgh.
For now, the calendar is simple: 1 January 2026 for juries and jury research; 23 March 2026 for parole safeguards. Ongoing trials are untouched. Anyone involved in a Scottish case from the North of England should speak to their solicitor or advocate about which regime applies and what, if anything, needs doing before the New Year.