Scottish courts set oath for juror supporters in new rules
“Our justice system needs reform so that victims and witnesses feel safe and informed,” Scotland’s Justice Secretary Angela Constance told MSPs as the Victims, Witnesses, and Justice Reform Bill cleared Holyrood on 17 September 2025. The High Court of Justiciary has now put the nuts and bolts in place to make that promise practical inside jury rooms. (parliament.scot)
Signed on 18 February 2026 by Lord Justice General Paul Cullen, a new Act of Adjournal updates the Criminal Procedure Rules 1996. It creates a formal oath and an alternative affirmation for a juror’s communication supporter and refreshes the affirmation jurors use so it can be taken collectively. The instrument will take effect when the relevant sections of the 2025 Act are commenced, and a certified copy goes into the Books of Adjournal.
The role at the centre of this is the “juror’s communication supporter”, created by the 2025 Act to help jurors with physical disabilities participate fully, including during deliberations. Scottish Government policy papers say support should be broad enough to include, for example, BSL interpreters, speech‑to‑text reporters or tactile BSL where needed. (gov.scot)
England and Wales moved earlier to let BSL interpreters join jurors in the deliberation room, ending the old ‘13th person’ barrier. Ministers said the change opened up jury service to thousands more Deaf people, with interpreters bound by oath and confidentiality. Scotland’s step goes wider by framing a general “communication supporter” role. (gov.uk)
One practical change jurors will notice is how affirmations are made. In consequence of the 2025 Act’s amendments to the Oaths Act 1978, those who choose to affirm will do so together rather than one by one – a small tweak that speeds up empanelling while keeping the same legal weight.
Court paperwork will mirror the shift. The rules insert a new Rule 14.3A for supporters, with set wording for the oath or affirmation, and update the existing juror affirmation form. The Scottish Courts and Tribunals Service already hosts the current juror oath and affirmation templates (Forms 14.3‑A and 14.3‑B) and is expected to refresh these when the instrument starts. (scotcourts.gov.uk)
Judges and clerks will also be readying practice. The Judicial Institute’s Jury Manual was updated in January 2026, and further guidance typically follows when rule changes land, ensuring oath‑taking and any supporter appointment happen smoothly at the start of trials. (judiciary.scot)
The rules flow from a wider programme: Holyrood has abolished the ‘not proven’ verdict and raised the bar for guilty to a two‑thirds majority, reforms ministers say will make outcomes clearer while protecting fairness. Those headline changes passed on 17 September 2025 before Royal Assent on 30 October. (gov.scot)
Why it matters here in the North: many of our readers operate across the Border, with staff and clients summoned to courts on both sides. England and Wales currently limit in‑room assistance to BSL interpreters; Scotland’s broader “communication supporter” model will be watched closely by campaigners and practitioners who want consistent access standards UK‑wide. (gov.uk)
Next, look for a commencement date from ministers and a formal update on the SCTS “New rules” page. Until then, jury clerks, law firms and disability advocates can start planning for training and procurement so supporter appointments and collective affirmations are ready to go on day one. (scotcourts.gov.uk)