Scottish courts will pause instant press alerts on certain last‑minute reporting orders from 21 February 2026. A new Act of Adjournal lets judges make an interim order after a jury is balloted that lasts only until the jury takes the oath or affirmation, without the clerk emailing the order to the media list or stating reasons in that short interim order. The change sits within Chapter 56 of the Criminal Procedure Rules. (legislation.gov.uk)

Open justice remains the starting point. As the Scottish Courts and Tribunals Service puts it, “The media undertake an important public scrutiny role by reporting court and tribunal cases,” and are supported to report fairly and in good time. (scotcourts.gov.uk)

Under the existing rules, when a court is considering a reporting restriction it makes an interim order, sends a copy straight to any “interested person” on the Lord Justice General’s media list, and specifies why the order is being considered. Those duties are found at rules 56.2(2) and 56.2(3). The new carve‑out suspends those two steps only in the tight window after jurors are selected and before they are sworn. Normal notification resumes once the oath is taken. (legislation.gov.uk)

This tweak builds on earlier reforms. In 2015 the reporting‑restrictions chapter was refreshed, and in 2020 the High Court required judges to issue an interim order first so the press could make representations before any longer order was made. Today’s change is narrower: it simply avoids a last‑minute email as the jury is being sworn. (legislation.gov.uk)

For newsrooms across the North that routinely cover trials in Dumfries, the Borders and the Central Belt, the practical point is timing. In the minutes between ballot and oath, a short‑lived order may be in place but not emailed out. Once jurors are sworn, any continuing restriction should appear via the usual routes, including the SCTS website. Keep your court contacts close and check for listings after the oath. (scotcourts.gov.uk)

Remember how the system works the rest of the time. When a reporting restriction is made, the clerk must still send a copy to interested persons and arrange for publication of the order’s making on the SCTS site. That remains the default before and after the small jury‑oath window. (legislation.gov.uk)

The same instrument also updates Form 20.3A‑B - the notice given to offenders subject to Part 2 of the Sexual Offences Act 2003 - to add fresh duties linked to gender recognition. Those on the register must now tell Police Scotland if they have applied for a Gender Recognition Certificate (GRC) and the application has not yet been decided, or if they obtain a full GRC issued on or after the relevant date. (legislation.gov.uk)

Ministers trailed the policy last autumn. “The proposed regulations will add a new notification requirement relating to gender recognition certificates,” Justice Secretary Angela Constance told MSPs, describing it as additional information to help identify an individual within MAPPA arrangements. (parliament.scot)

Officials also clarified an important limit: there is no new duty to notify if a person already held a GRC before conviction. The duty bites where a GRC application is outstanding at the relevant date or a full GRC is obtained on or after that date - normally the date of conviction. (parliament.scot)

For policing and public protection teams on both sides of the border, this is largely administrative but useful. Notification breaches remain criminal matters, with penalties up to five years’ imprisonment under the Sexual Offences Act 2003 regime. Expect Police Scotland to handle checks as part of normal registration and MAPPA processes. (gov.uk)

What this means for Northern editors and reporters: refresh court‑desk protocols for Scottish cases, especially the pre‑oath moments in jury trials, and make sure your teams can pick up any post‑oath postings quickly. If you’re not already registered, the SCTS media portal and reporters’ guide are worth the time. (scotcourts.gov.uk)

Key dates for the diary: the Act of Adjournal was made on 15 January 2026, laid on 16 January, and comes into force on 21 February 2026. From that date, expect the micro‑timing around jury swearing‑in to change, but the wider open‑justice framework - including publication of orders and routes to challenge - to continue as before. (legislation.gov.uk)