The Northern Ledger

Amplifying Northern Voices Since 2018

Scottish courts set oath rules for juror support

Scotland has signed off fresh criminal court rules to make jury service more accessible. An Act of Adjournal made on 18 February 2026 and laid before the Scottish Parliament on 19 February sets the oath and affirmation that a juror’s communication supporter must take, and refreshes how jurors themselves affirm before a trial. The instrument is signed by Lord Pentland, the Lord Justice General.

The change matters because it hardwires accessibility into the start of a trial. Where a juror needs communication support, the court can appoint a supporter and that person will now take an oath or make an affirmation in a prescribed form before the jury is sworn. The aim is simple: help eligible jurors participate fully without compromising the secrecy of deliberations.

The new rule sits alongside the 2025 Victims, Witnesses, and Justice Reform (Scotland) Act, which inserted a new section 88A into the Criminal Procedure (Scotland) Act 1995 to create the role of a juror’s communication supporter. Scottish Government policy papers describe support ranging from British Sign Language (BSL) interpretation to speech‑to‑text reporting or guide‑communication for blind jurors. (gov.scot)

Practically, the High Court’s rules add a new trial rule (Rule 14.3A) and two forms: one for a supporter’s oath and one for a supporter’s affirmation. The appendix also replaces the existing affirmation for jurors so that those who choose to affirm may do so together rather than one by one, trimming minutes off the swearing‑in without changing the legal weight of the promise made.

An Act of Adjournal is how Scotland sets criminal procedure. It’s made by the High Court of Justiciary and can also prescribe the official styles of the forms courts use. For readers who don’t live in the rule books, think of it as the instruction manual that judges and clerks follow. (scotcourts.gov.uk)

This sits within a wider reset of Scotland’s jury system already under way. Since 1 January 2026, the ‘not proven’ verdict has been abolished and a guilty verdict now needs at least two‑thirds of the 15 jurors. Ministers flagged those changes in December, confirming phased commencement of the 2025 Act through 2026. (gov.scot)

For comparison, England and Wales opened the door to BSL interpreters in jury rooms in 2022, after the Police, Crime, Sentencing and Courts Act changed the law. Scotland’s approach goes broader by allowing the court to appoint whichever communication support a juror needs, not just BSL. (legislation.gov.uk)

Across the North, this will be watched by legal teams who work both sides of the Border. Firms in Carlisle and Berwick that brief Scottish counsel, and inclusion leads in our civic groups, have long argued that deaf and disabled people should not be shut out of civic duty. The formal oath for supporters and a tidier group affirmation for jurors shows the Scottish courts are tidying the small but telling details that make participation easier.

For anyone summoned in Scotland who may need support, the message is to tell the court as early as possible. SCTS guidance already sets out how jurors can raise issues or, where necessary, seek excusal; the new rules give judges a clear route to appoint a communication supporter where that’s the right answer. (scotcourts.gov.uk)

There’s a technical footnote for court practitioners: England and Wales will refresh their Criminal Procedure Rules on 6 April 2026. Different systems, yes-but for northern firms managing mixed caseloads, keeping staff briefed on both sets of updates will save headaches later. (gov.uk)

Taken together, the February rule change is modest on paper yet meaningful in the jury room. It aligns Scottish practice with the Parliament’s direction of travel, keeps deliberations protected, and opens up service a little further to people who have been told for years that the door was closed. That’s good law in action.

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