From 21 February 2026, reporters covering Scottish jury trials should not expect the usual email alert in one very specific moment: if a judge imposes a short interim reporting ban after the jury has been balloted and it lasts only until the oath is taken. The change comes via an Act of Adjournal made on 15 January and laid on 16 January (S.S.I. 2026/11). The new text adds that an interim order “made after the jury is balloted … until the jury has taken the oath” need not be notified in the usual way.

Ordinarily, when a court is considering a reporting restriction, it must make an interim order and notify “interested persons” straight away, giving the press a chance to be heard before any final order is made. An interested person is anyone who has asked to see such orders and is on a list kept by the Lord Justice General; rule 56.2 then requires the clerk to send a copy immediately. That framework remains in place outside the narrow ballot‑to‑oath window. (legislation.gov.uk)

In practice, this means that on day one of a trial, there may be a brief period where no email lands and nothing appears on the SCTS website before the oath. Reporters should rely on what is said in court and follow any bench directions. The SCTS Reporters’ Guide and the public Contempt of Court Orders page remain the reference points for live restrictions once any final order is made. (scotcourts.gov.uk)

Why it matters in the North: our newsrooms from Newcastle, Cumbria and the Borders regularly cover High Court cases in Glasgow and Edinburgh. The carve‑out is designed to avoid last‑minute admin delays as a jury is sworn; it does not water down the broader notification regime and does not change what can or cannot be reported once an oath is taken or a final order is issued. For avoidance of doubt, the underlying Chapter 56 rules still require immediate notice and publication for reporting orders outside that brief window. (legislation.gov.uk)

The same Act of Adjournal also updates Form 20.3A‑B - the notice given to people subject to sex offender notification requirements - to require them to tell police if they apply for a Gender Recognition Certificate or receive one issued on or after the relevant date. This aligns the court form with the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025, which the Scottish Parliament approved in December. (scotcourts.gov.uk)

For context, Scotland overhauled how reporting restrictions work in 2015, creating the ‘interested persons’ system across civil and criminal courts. In 2020, the criminal rules were tightened so a judge considering a restriction must issue an interim order first, ensuring the media can make representations. The new jury carve‑out is a tidy, time‑limited exception to that process rather than a reversal of it. (legislation.gov.uk)

The instrument is signed by the Lord Justice General, Paul Cullen (Lord Pentland), who has led Scotland’s judiciary since February 2025. His appointment underlines that these are court‑led rule changes, not ministerial legislation. (judiciary.scot)

What to do now: editors and court reporters should check SCTS media registrations are up to date, build in a standing check of the Contempt of Court Orders page during jury empanelment, and confirm any in‑court directions with the clerk before filing. If in doubt, pause publication until after the oath or a written order is issued. (scotcourts.gov.uk)