Scotland sets oath rules for juror communication supporters
Scottish judges have signed off new court rules to make jury service more accessible. An Act of Adjournal made on 18 February 2026 and laid before Holyrood on 19 February sets formal wording for the oath or affirmation taken by a juror’s communication supporter and updates how jurors who choose to affirm do so in court. The instrument was signed by Lord Justice General Paul Cullen and will take effect in step with the wider Victims, Witnesses, and Justice Reform (Scotland) Act 2025, as commencement orders land.
The change formalises the role of a “juror’s communication supporter” to assist jurors who are physically disabled. Under section 88A of the Criminal Procedure (Scotland) Act 1995-inserted by section 64 of the 2025 Act-the court can appoint a supporter so a juror can participate effectively, including during deliberations. Scottish Government policy papers describe the aim plainly: to “remove the legislative barrier that currently prevents people with certain physical disabilities from serving as jurors.” (gov.scot)
The Act of Adjournal adds new Criminal Procedure Rules provisions and forms so judges can administer a sworn oath or a secular affirmation to a communication supporter before the trial proceeds. It also replaces the juror affirmation form so that, where jurors opt to affirm rather than swear a religious oath, they now do so together rather than one by one-tidying up practice and saving court time.
Timing matters. Ministers are phasing in the 2025 Act, so these oath and affirmation changes bite when the relevant sections commence. Other headline reforms are already live: from 1 January 2026, the ‘not proven’ verdict has gone and a guilty verdict now needs support from at least two‑thirds of the 15 jurors. Justice Secretary Angela Constance called it “historic justice reforms” as the New Year changes began. (gov.scot)
For disabled jurors, the appointment of a communication supporter closes a long‑criticised gap. The Scottish Government’s regulatory assessment says the policy is designed to broaden the types of help available-from BSL to note‑taking or speech‑to‑text-so the court can tailor support to the juror’s needs on the day. Crucially, the supporter helps with communication; they are not a juror. (gov.scot)
Readers will note the cross‑border context. England and Wales cleared BSL interpreters to sit in the jury room in 2022 under the Police, Crime, Sentencing and Courts Act; the Ministry of Justice hailed the first deaf jurors completing service later that year. Scotland’s move brings its criminal courts into line with that accessibility principle, while following its own legislative route. (legislation.gov.uk)
So what does this mean on the ground for Northern firms working across the border? If your legal team runs cases with a Scottish element-or you support staff summoned to Scottish jury service-expect courts to appoint communication supporters case‑by‑case and swear them in at the outset. For practice managers in Carlisle, Berwick or Newcastle, it’s one to build into internal guidance for colleagues who split time north and south.
The rules also update the ceremony for jurors who prefer to affirm. Moving to a collective affirmation avoids repetitive, individual recitals and keeps things consistent with the principle that jurors take on their responsibilities together. It’s a small step, but one that modernises the courtroom experience without changing the solemn duty involved.
Courts and practitioners shouldn’t have to guess what good looks like. The Judicial Institute’s Jury Manual was updated in January 2026, and further updates are expected as commencement orders roll through. Keep an eye on official guidance for any fine‑tuning of language or practice notes as the new forms bed in. (judiciary.scot)
Big picture, this is part of Scotland’s wider attempt to make trials clearer and fairer for everyone involved. With the ‘not proven’ verdict retired and the higher conviction threshold now in place, setting clean, accessible rules for oaths and affirmations is the practical housekeeping that makes the system work day‑to‑day. It’s the kind of nuts‑and‑bolts reform that matters beyond the M25-and it’s worth Northern justice leaders taking note. (gov.scot)